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CrimDefense
CrimDefense, CriminalDefenseAtty
Category: Criminal Law
Satisfied Customers: 27626
Experience:  10+ years defending Misdemeanor and Felony cases.
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Can a intoxicated phone call from jail be used against me as

Customer Question

Can a intoxicated phone call from jail be used against me as evidence in court?
Submitted: 2 years ago.
Category: Criminal Law
Expert:  CrimDefense replied 2 years ago.
Hi! I will be the professional that will be helping you today. I look forward to providing you with information to help solve your problem.
Good morning. Would you mind sharing with me what you are charged with and what they are trying to show? Is the State trying to use this and admit it into evidence?
Customer: replied 2 years ago.
So this is actually for my friend. He is being charged with a drunk driving, but was not driving. I was and I was sober. He did not get caught in the car or anything. Neither did I. I was already in the house. the police pull in. he had went out to get his food out of the car that he left in there. they take him to jail and he makes a drunk call to his girlfriend stating that he did not get caught driving. he is a really stupid drunk. we have all kinds of proof that he was not driving. but they are trying to use this call against him. the car is even a company car, for a company that i work for not him. SMH.....
Expert:  CrimDefense replied 2 years ago.
Thank you for the additional information. His statement alone would not likely be enough for the State to show/prove he was behind the wheel of the vehicle or in actual or physical control, while under the influence. Simply getting food out of the car, is not a crime and it is not a situation where he was sitting in the car. Moreover, if you are going to testify at trial to the same and the officer(s) did not witness anything more then food being taken from the car, the case may be weak, since they could not prove the basic elements. In addition, he did not get caught driving. Also, there is no way to prove that he was impaired behind the wheel of the vehicle, since you stated you were at a home and already inside, so he could have easily walked in, consumed alcohol and then walked out to the car. The call itself is recorded and often times, jail house calls with admissions can be used and admitted into evidence. Had he said he was drunk and drove and got away with it, etc, it would be a different story but simply saying he did not get caught driving, is not necessarily damaging and a smoking gun.
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Expert:  CrimDefense replied 2 years ago.
I just wanted to follow up and see if you had any other questions or needed me to clarify something. I am here to help, so please let me know. Thanks!