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Florida Statutes 775.051 - Voluntary intoxication; not a defense; evidence not admissible for certain purposes; exception

Florida Statutes > Chapter 775 > 775.051


Current as of: 2012
Voluntary intoxication resulting from the consumption, injection, or other use of alcohol or other controlled substance as described in chapter 893 is not a defense to any offense proscribed by law. Evidence of a defendant's voluntary intoxication is not admissible to show that the defendant lacked the specific intent to commit an offense and is not admissible to show that the defendant was insane at the time of the offense, except when the consumption, injection, or use of a controlled substance under chapter 893 was pursuant to a lawful prescription issued to the defendant by a practitioner as defined in s. 893.02.
Florida Statutes 775.04 - What penal acts or omissions not public offensesChapter 775 Table of ContentsFlorida Statutes 775.08 - Classes and definitions of offenses

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Comments (2)add comment
Cory: ...
Hi. I was wondering if someone that is mentally ill, and was charged a second DUI, is there a way to get them the services they need since they have never been treated, or diagnosed yet? If the court does a psych eval and sees the person is mentally ill instead of putting them in jail?
1

November 16, 2012
Steven Daily: ...
Cory,
The judge may order a psychiatric evaluation, but you can also initiate this on your own in order to show the court that a jail term would be unwarranted. A criminal attorney can help with this process, and will know of good local resources.

Steve Daily
LawServer
2

November 16, 2012

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