mental illness

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Related to mental disease: schizophrenia, depression
See: lunacy

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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 ?
Muller had been diagnosed in the past as suffering from a variety of mental diseases, including bipolar disorder, schizoaffective disorder and depression with psychotic features.
To establish if variables such as age, hospitalization, mental disease, other systemic conditions, as well as psychiatric medication are related to these patients' periodontal health status.
The defense responded that the expert's report could be "helpful" in establishing the existence of a mental disease or defect and that the lay witness testimony would provide sufficient supporting evidence of a mental disease or defect to justify permitting a jury to decide whether the requirements for the insanity defense had been met.
36) Under the M'Naghten rule, the courts charged the jury as if no such mental disease could exist to destroy a person's power of self-control, and that the only way a defendant could be found guilty was if he retained a mental consciousness of right and wrong.
And cruelty, astonishing in scale, bewildering in scope, visited on hundreds of helpless patients before and during the 1920s at New Jersey's Trenton State Hospital, all in the name of scientific treatment for mental disease, is the leitmotif in Andrew Scull's superbly horrifying study of Henry Cotton, Madhouse: A Tragic Tale of Megalomania and Modern Medicine.
He said: "We noticed there is no such mental disease as mother-in-law syndrome described in specialised documentation.
The torture can take a number of forms: repeated rape at the instigation of a family to "cure" a woman or get her pregnant; classifying lesbianism as a mental disease to be treated; imprisoning women "out of control"; and beatings and rape by police, prison guards or male co-prisoners.
He pointed out that "homosexuality was recognized as a mental disease until a few years ago" and that smoking, previously considered a habit, had recently been classified as a mental disorder.
Schizophrenia is a mental disease that produces different and often contradictory symptoms, hampering correct diagnosis.
There was no credible evidence suggesting that Callahan suffered from any kind of mental disease that would interfere with him forming an intent to kill the victim, Blake said.
Journal of Nervous and Mental Disease, 182, 524-526.
The funeral for Prince Narindrapong, who died after long suffering from mental disease, will take place in Paris, he said.