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 ?
Further, the literature revealed a lack of an underlying theoretical foundation for the definition of emotional disturbance and consistent processes by which practitioners address these criteria.
8% of students with disabilities fall under the emotional disturbance label, the fourth largest IDEA disability category (Taylor, Smiley, Richards, 2009).
The fact that responsible clinicians would not determine and diagnose serious emotional disturbance based solely on any single instrument suggests, by itself, a glaring omission in the applied literature.
Data demonstrates that African-American students are at highest risk for identification and overrepresentation as students with Emotional Disturbance (ED) than any other racial/ethnic group (National Research Council, NCR, 2002).
Weinrach and Thomas (2002) then challenge the implicit assumption within the conceptual framework that the etiology of emotional disturbance is a function of external factors (e.
The emotional disturbance section consisted of six Likert-type items with a five-point scale.
In the United States, there are two main conceptualizations of emotional disturbance that can influence school psychologists and other mental health professionals: psychoanalytic and behavioral.
They present a compelling and cogent argument for changing the definition of serious emotional disturbance (SED), establishing more ecologically valid assessment and identification procedures, and instituting at-risk programs--all aptly enumerated and supported by research.
This project will further increase the capacity and quality of services to children exhibiting symptoms of a serious emotional disturbance and their families.
June 9 /PRNewswire/ -- Metro Nashville Public Schools (MNPS) will open a new program this fall to provide intensive academic and behavioral services for students in grades nine through 12 who have emotional disturbance, serious behavior issues or developmental disabilities.
The Northern Ireland Association for Mental Health also found between 30 and 40 per cent of all sickness absence is because of some form of emotional disturbance.