Can I plead temporary insanity to a DUI?

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Can I plead temporary insanity to a DUI?

My physicians have written letters stating I was in a dissociative fugue and had no knowledge of right and wrong nor any control over my actions. I had seen my psychiatrist in MS at 2 pm. I was extremely upset, had a panic attack, left to drive home and received a disturbing phone call. The next thing that I remember is waking up in AL in jail for a DUI. I was immediately admitted into an in-patient facility for treatment for dissociation following this. I also go to therapy 2 times a week now. What are my chances at temporary insanity?

Asked on January 4, 2011 under Criminal Law, Mississippi

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

You need to discuss this matter with an attorney in your area (or in the area that you were arrested) to get an accurate answer to this question.  You are going to need an attorney here anyway so this can be one of the topics in preparing your defense.   What I can let you know is that here in New York you can NOT use that as a defense in a DUI case, unless of course you are saying that you were involuntarily intoxicated (i.e., forced by someone else to drink) and therefore you are not responsible for your actions.  Saying that you just don't remember drinking and then driving because of your diagnosis does not fly here.


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