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Country: United States of America
State: Florida

Sorry if this is an inappropriate place to ask this question but life and logic in general fails me sometimes due to a serious TBI from 23 months ago. Let me provide a little history. Florida no motorcycle helmet required, tried to avoid an accident with a car , hit a community style mailbox, three skull fractures 5 hematomas, over three weeks in a comma, three month re-habilitation hospital many other injuries. I have recovered a lot better than the original prognosis indicated. Diagnosed with Sever TBI. Occurred 10/2003.
Skip to 7/2005. Truck accident about 4:30 PM when passenger was crawling around vehicle and I was trying to get him to settle down and buckle up, drifted off road lost control hit guardrail was wearing my seatbelt. Airbag and window caused small open cut on my forehead. Police questioned me extensively at the scene and at the hospital. I remember vividly the moments leading up to the accident well. I don't remember a lot of the questioning in detail following the accident for several hours or even the next day very well. I generally don't have extensive memory problems day to day. However my memory, balance obviously I was quite shaken from the immediate trauma of the accident. In my mind I am questioning the extent the mild "concussion" if that is what it is considered could have possibly had on my immediate ability communicate cognitively and handle my responses. I was arrested 6 weeks later after blood draw showed high BAC. I do not recall specifically consenting to blood draw and other things I reportedly was told. I have a current attorney and things are getting down to the wire. Is it possible to file a motion for inadmissibility of blood draw and statements made prior to arrest based on my documented neurological disorders?

Answer

Yes you can--your current attorney should certainly make an attempt.