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Former Melrose Actress .268 BAC plus Ativan

In the Somerset County Death by Auto (DWI) trial of former Melrose Place actress Amy Locane the judge denied a defense motion Monday that the def's statements in the ambulance to police were not a "knowing and voluntary" waiver of Miranda ... despite her .268 blood alcohol level and a shot of Ativan given by the EMS to calm her down.  Although the judge found that this was a purely factual question given the def's apparent lucidity, this will be an issue for appeal as the defense in Locane's case put forth unrebutted expert testimony in this case, but the court instead choose to rely on lay testimony that def was not under the influence ... at least to the point of not being able to waive Miranda. 
 
The legal issue reminds one of the Court's recent admonition in State v Marquez that intoxication is not a defense to a knowing and voluntary refusal. The question here may be - does that logic extend to Miranda as well?
 

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