mental illness

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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.
References in periodicals archive ?
Emotional disturbance, NCLB & IDEA: Utilizing a public health model for working with the social, emotional & behavioral health of all students.
The JCMHC and its associated Task Forces however, did not limit their exploration of the causes of mental illness or emotional disturbance to the internal psychological workings of individuals.
Possible Modifications/Teaching Strategies For Working with an Individual with an Emotional Disturbance In the Classroom
3 million children and adolescents demonstrating a serious emotional disturbance that undermines functioning (Marsh, 2004), with juvenile delinquency and childhood violence escalating (Crespi & Giuliano, 2001), school-age children are at high risk for mental health issues.
If one is committed to the theory that emotional disturbance is a function of an individual's psychology or biology, then social action or social justice is not a relevant factor in the counseling process.
Work by Bowlby (1969, 1973, 1980, 1988) related serious emotional disturbance primarily to attachment difficulties stemming from insufficient bonding and love in childhood.
Therefore the present study was conducted to compare the effects of pre-surgery with the post-surgery regarding cognitive deficits, emotional disturbances and depression in men and women.
This first report from the ISMICC provides a roadmap for improving mental health services for adults living with serious mental illness and children and youth who experience serious emotional disturbances.
Scale for Assessing Emotional Disturbance (SAED) developed by Epstein and Cullinan (1998).
Six out of 10, 62%, saw more emotional disturbances and 53.
The What Works Clearinghouse (WWC) identified four studies of "Tools for Getting Along" published or released between 1989 and 2012 that focus on children classified as having an emotional disturbance (or children at risk for classification).