Intoxicated statement

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digitalch0ke

Bluelighter
Joined
Sep 1, 2003
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On Saturday I was arrested for Battery in my dorm at college. When this happened I was black out drunk, and came to in a hospital bed. The officer who arrested me took my statement while I was still throwing up in the hospital bed. I recall most of the conversation and I do know he never mirandized me. He then asked me where I was that night, and I said the lacrosse house (I'm on the team).

I understand that it doesn't really matter that he didn't mirandize me while at the hospital because I was so drunk that they would take his word over mine. My concern is that when he asked me where I was that night and I responded with the lacrosse house I think he took it as thats where I had been drinking. Since this was the university police there is a possiblity of my team getting in trouble for a party that they never had.

I was just wondering on the validity of him asking me questions when I was clearly too intoxicated to answer him correctly (he asked how old I was and I told him I was a year younger than I am actually just cuz I really thought thats how old I am). And would I be allowed to either call or go into the station to ask for a copy of my police report?

Edit: And I know that drunken people always fuck up and act like idiots, but this is honestly the first time something like this has happened to me, and was honestly one of the scariest experiences of my life. Considering I was the only girl in a holding cell with like 15 men.
 
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It was unfair for the cop to interrogate you whilst in an obvious state of intoxication but not illegal. Based solely upon what you have stated, it is not possible to determine if the statement can be used against you.

1. How old did you tell the cop you were?
2. Did this occur in the U.S.?
3. Can you elaborate on the holding cell?
4. Given your condition, how certain RU that you were not Marandized?

In the U.S., you can obtain a copy of the report for a small fee.
 
I told the cop I was 18, when I'm really 19 (I dont know why I said 18 except that I just had a birthday like a month ago)
Yes Illinois
It was just a big holding cell where they put the prisoners while waiting for bail or to be processed
I'm 99% positive because the first thing he did was breathalyze me.
 
gothfaery3 said:
If you wern't under arrest, they don't have to mirandize you...just a note.
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Where did you come up with this legal theory? I was under the impression that people are read their rights during custodial interrogations.
 
digitalch0ke said:
I told the cop I was 18, when I'm really 19 (I dont know why I said 18 except that I just had a birthday like a month ago)
Yes Illinois
It was just a big holding cell where they put the prisoners while waiting for bail or to be processed
I'm 99% positive because the first thing he did was breathalyze me.
Click to expand...

I do not believe any statements you made at the hospital can be admitted as evidence against you.

I am however, quite disturbed by the fact that they placed you in a holding cell with male detainees. Especially, given the fact that you were intoxicated.
 
PottedMeat said:
Where did you come up with this legal theory? I was under the impression that people are read their rights during custodial interrogations.
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Nope, cops can ask you whatever they want - and if you say something incriminating, they can then arrest you. Only once you are formally arrested do you have to be read your rights.

Theoretically, there's nothing wrong with this. You're never under any obligation to answer anything a cop asks you, and if you haven't been arrested there's obviously no legal obligation for you to have a lawyer, etc.
Anything you choose to tell a cop before you're formally arrested is on your own part however ... if you admit you did something illegal, they then have probable cause to arrest you and will include what you told them in their report as incriminating evidence.
 
Not a direct answer to your question, but my advice is don't plead guilty to a battery just to get past this, if you can help it. If you're charged with battery, hire an attorney and get it pleaded to disturbing the peace or some other non-violent misdemeanor.

Having a violent misdemeanor on your record can potentially come back to haunt you later. For example, in California it means you can't own or possess a gun for 10 years. Even if you're not a gun owner, it's a worthwhile expense for a lawyer to plead you to a non-violent offense.
 
I don't know how I can plead it down because they're going to have the girl testify. She had visiable marks on her back and face. But I'm a first time offender which I'm sure will help at least a little
 
They would plead it if you had a decent story of your own that could contradict hers, which could mean they'd have to try the case and couldn't be certain they'd win. They're much more likely to plead that type of case. They only want to try a case they know they can win.

Also, it could help if you reconciled with the girl, perhaps making a payment to her and giving her a sincere apology, making it so she didn't want to testify. Because it's your first offense should also help as you've already noted.

Did she make the first physical move? Or did someone attack you and you tried to defend youself and ended up hitting her by mistake? Do you have witnesses who can testify to this? Anything that can add weight to your side of the scale, in addition to having a clean record, can help you.
 
I really have no defense because I was blackout drunk, like the cop had to TELL me I hit her. I've already apologized but its the state bringing charges against me. Everyone that I talked to said she had me by the wrist dragging me down the hall and I kicked her twice and then slapped her in the face. She didn't want to press charges but since I left a mark the state did.
 
Would there be any possibility of taking something like anger management classes (or some sort of rehab, since it was partially attributed to alcohol) in lieu of some other punishment? I have heard of something like that being given in similar cases.
 
Just because there is overwhelming evidence against you, don't discount the idea of a plea bargain. If you get yourself a decent lawyer, you will have a better than average chance of getting the charges reduced/dropped, or at the very least, having adjudication withheld. The most important thing to do right now, is retain a lawyer, and to not discuss your case with anyone.
 
PottedMeat said:
Where did you come up with this legal theory? I was under the impression that people are read their rights during custodial interrogations.
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as silver said...I came up with this "legal theory" based on Miranda V. Arizona...
 
Maybe you were an asshole. Maybe you deserve to be convicted of battery. But do you even know that? Isn't it possible that this girl knew you were drunk, and was dragging you down the hall making you do something you didn't want to do? Isn't it possible you were scared you were going to fall, or that something else bad was going to happen to you and you were just trying to get away? This girl didn't want to press charges - maybe she made some statements to somebody at the scene that demonstrates she knew she did something wrong by trying to drag you down the hall when you were obviously drunk and didn't want to be moved?

My point is that there may be two sides to this story. The police weren't there when this happened. But maybe there were others who saw what happened, or who heard the girl make statements about it after it happened. If you're a good person, I hope you make use of whatever evidence and resources you can muster to plead this to something other than a violent crime. If you're a bad person, then I hope you make no effort to defend yourself. If you're a regular blackout drinker, then you have a problem and maybe this is a wakeup call. But you do have options with respect to this battery charge until the jury comes back and says "guilty."
 
digitalch0ke said:
I really have no defense because I was blackout drunk, like the cop had to TELL me I hit her. I've already apologized but its the state bringing charges against me. Everyone that I talked to said she had me by the wrist dragging me down the hall and I kicked her twice and then slapped her in the face. She didn't want to press charges but since I left a mark the state did.
Click to expand...

yep, time for a lawyer. If there are witnesses that will testify to that, you've got a reason to hit someone: they are dragging you around and you're saying "let go of me". The fact that you left a mark is not really relevant to who grabbed/hit who first.
 
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