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 ?
The present research shows that the emotional disturbances have the important role in the onset of cardiac problems.
The majority reported these emotional disturbances as central problems in their lives.
After demographic form Scale for Assessing Emotional Disturbances, and Parenting Stress Index were administered.
In IDEA, Congress created mechanisms for the federal government to overview the states' implementation of IDEA and judicial avenues to challenge a child's identification of "emotionally disturbed." (13) These legal remedies, however, have failed to correct the over-identification of African-American students with emotional disturbance because statutory enforcement mechanisms are weak, (14) and courts usually defer to school officials when reviewing a child's disability determination.
Additionally, Section 34 CFR 300.8 (c)(4)(ii) of the definition states, "Emotional Disturbance includes schizophrenia.
The role of educators or other school-based personnel in the treatment or care of children with emotional disturbance is conspicuously absent from Action for Mental Health.
* The actual number of students ages 6-21 being identified and served under the IDEA category of emotional disturbance is less than half the USDOE estimate.
Guideline 1: School psychologists should conduct comprehensive psychological assessments exploring all components of cognitive, socioemotional, personality, and intellectual processing because this models a best practice approach to thoughtfully considering contemporary personality difficulties such as emotional disturbance.
Adding to the problem of adequately serving students with emotional disturbance is the fact that many states have adopted non-categorical teacher certification in the area of special education.
There has to be something that really leads to emotional disturbance or upset."
The remaining subjects to be addressed in the project before the official final text is published are landowner and possessor liability and the conditions for recovery for stand-alone emotional disturbance. The official text will be published as the third distinct part of 'Restatement of Torts' in the third series of 'Restatements of the Law.' The prior two parts, respectively subtitled 'Products Liability' and 'Apportionment of Liability.'