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drunk and stupid

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bigd43606

Member
What is the name of your state (only U.S. law)? OH

I was watching one of those cop shows, and they had this drunk girl on who was involved in an accident due to her state. Well she wandered away on foot to her home and passed out. the cops upon arriving on the scene with no one there tracked her down and her roommate let them in. They questioned her and in an almost uncomprehendable manner she confessed. My question, is a confesion in a drunken state admissable in court? this girl was in a less than capable state, could she claim in court diminished capacity?

Just Curious
 


CdwJava

Senior Member
While I am not familiar with the particulars of OH law in this regard, it is very likely that such a confession WOULD be permitted. I can't think off hand of any state that exempts such admissions by a person who is voluntarily impaired.

If she claims to have been too drunk to confess, then the state may have an easier time proving inebriation. This MIGHT be a good angle to explore only if the police had no chemical test or FST. Otherwise, it would be best to accept a plea.

- Carl
 

las365

Senior Member
They questioned her and in an almost uncomprehendable manner she confessed.
Incomprehensible. It was almost incomprehensible. I'm not correcting you to be mean, it's just that uncomprehendable isn't... a word, and incomprehensible is a good one that I hope you will use.

The show you describe sounds like eyerollingly good entertainment (I assume that no one was injured). The perps who are the featured guest stars on that type of reality show are just not generally on it because they are smart, ya know? So it isn't all that surprising to me that some drunken idiot confessed while the cameras were rolling. And then signed a consent for it to be aired on national television.
 

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