Criminal Lawyers in Naples and the Defense Strategy of Intoxication

by | Aug 28, 2018 | Lawyers

Although a defense strategy focusing on intoxication is uncommon, criminal lawyers in Naples may use this method under certain circumstances. The court does not allow voluntary intoxication to be a defense for reduced responsibility. However, if the attorney can prove that the client became intoxicated some other way, this may be a possibility for effective defense.

Drink Spiking

Essentially, criminal lawyers in Naples may use this defense to demonstrate that the client did not fully understand what he or she was doing. A person who has been charged with driving under the influence of alcohol or other drugs may have done so after somebody spiked a soft drink. This person may have started to feel strange or sick, and decided to drive home.

Proving the drink spiking incident could be problematic, however. Of course, the defense lawyer does not have to prove innocence. Nevertheless, if using drink spiking as a defense, there must be some way to verify this happened.

Voluntary Intoxication

States vary in how courts are allowed to consider the issue of voluntary intoxication as a legal defense. Florida, for example, prohibits this. It does not matter if the individual was so intoxicated that he or she could have been viewed as temporarily insane. The person is still legally responsible if evidence proves guilt for a criminal offense.

Legal Use of Prescription Drugs

The law allows one exception, which regards the use of legally obtained prescription drugs. If the person became intoxicated and committed a crime such as theft or assault, this could be a legal defense. However, the jury may be skeptical as to whether this individual was so intoxicated that there was no understanding of right and wrong, or no ability to form intent. Taking too much of the drug does not count as an acceptable legal defense.

As with the spiked drink defense, the use of prescription drugs might be effective against a DUI charge. The individual may have become unexpectedly drowsy or impaired after getting behind the wheel. Questions about this type of defense may be asked of an organization such as the Law Office Of James W. Chandler P.A.

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