Q: If a person is not in their right mind to make a proper Choice can they be held responsible for the choices they make?
While under the influence of any mind altering substance you are not in your right mind to make proper judgement or any choice. Therefore if a person was drunk before deciding to drive, would not this be more of a temporary insanity induced by chemical substances. How could the person have made a rightful informed and rational choice while temporarily insane induced by legal over the counter substances sold in the stores all over the U.S. and taxed by the government who already understand these issues. Yet if I signed a contract or made a decision or plea in a court under the same conditions under the influence of any mind-altering substance nothing said written or signed could be held against the person because the person is not in their right capacity to make proper choices. Inebriated means exhilarated and Confused by intoxication due to alcohol or any other substance that may induce this state. A legal Axiom states that in act committed by me against me is not my will. Catch22?
A: In short yes. The decision to drink and drive is a crime. There is no escape by claiming insanity. There is quite literally thousands of pages of case law on the topic. Many have tried this defense before and it always comes up short. If you have been charged with drinking and driving, you need to hire an experienced criminal defense lawyer to represent you.
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