Legal Question in Criminal Law in Georgia

Credibilityof drunk eyewitnesses

I was at a fraternity party and a fight broke out AFTER I left. I have several witnesses that saw me leave. A boy was cut with a glass object pretty bad, but only stitches. The cops never went to the scene, only to the hospital. The extremeny drunk victim says 4 unknown men beat him. 2 weeks later he goes in and makes a statement accusing me of this crime siting graphic detail. No case yet. 2 Months later the cops talk to the girl who threw the party & she backs up the victim. I get arrested 3 months after that. This girl admits that she was drunk. How can the police have me arrested on the word of a bunch of drunks?????????


Asked on 12/21/97, 1:06 pm

2 Answers from Attorneys

Larry Bruce Larry B. Bruce Attorney At Law

Drunk Witnesses can still be believed.

I have spoken to people who were drunk andso have you, in the past at some point. Theyprobably said many things and some of thosethings we immediately disregarded as the verbalproducts of a drunk person. But, the point hereis that people who drank alcohol on someoccasion can still tell the truth about someevent even though they had been drinking. It isone among many things to consider in giving or withholding credibility to a "witness". Probably more important, but still to beseen in context with the drinking, is the matter of WHY do these people pick you, out ofeveryone who was present, to blame this on?If there is a reason to point to, in explainingWHY these witnesses are biased..... then theirdrinking can be used to reinforce why a jury ought to disregard what they say. But it iscrucial for you to see that first you mustarticulate why these witnesses decided to lieabout you...... and only then does their diminished ability to perceive and remembercome into play. Good Luck.

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Answered on 12/22/97, 12:53 am
Robert E. Drescher Law Offices of Robert E. Drescher

Credibility of Drunk Witness

The question of credibility is one for the jury. It wouldbe important for your attorney to pint out the question ofbelievability of the witness to the jury. It woul be highlyunlikely that the judge would exclude the testimonyof the witness, drunk or not....

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Answered on 12/23/97, 2:39 pm


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