Legal Question in DUI Law in Massachusetts
Drunk Driving Accident- No medical assistance offered
I was recently involved in a one car
accident in which my car was totaled.
I was arrested on the scene after
failing a fraction of the sobriety tests
and refusing a breathalyzer.
I have since been experiencing
dizziness and headaches and believe
that I may have suffered a
concussion on the scene. Despite the
horrific crash, there was no
ambulance on the scene nor was I
ever offered medical treatment, there
or while detained. Additionally I am a
diabetic which they knew from my
identification. My question is whether
the lack of medical assistance,
combined with the effects of a
concussion, could be grounds enough
to dismiss the drunk driving charge,
as there was no breathalyzer
administered either?
5 Answers from Attorneys
Re: Drunk Driving Accident- No medical assistance offered
On the basis that you assert, the case will not be dismissed. However, one needs to review your case in context of your medical record and your injury.
Get a lawyer, and if you need help contact me.
Re: Drunk Driving Accident- No medical assistance offered
Sympathy is never a good defense. You're lucky you weren't charged with drunk driving causing injury.
Re: Drunk Driving Accident- No medical assistance offered
Retain an attorney asap who can best evaluate whether your medical conditions may serve as a valid defense and best advise as to whether they may be grounds to negotiate with the prosecution. Good Luck!
Re: Drunk Driving Accident- No medical assistance offered
Dismissal of the charge is almost certainly not going to happen. If you choose to fight the charge by going to trial, it is conceivable that you could be found not guilty. But you need to have a lawyer look at all of the circumstances involved to evaluate your chances, and you would need (at least if I were representing you) an expert medical witness to establish that what the police observed about your demeanor at the scene could have been something other than intoxication.
Re: Drunk Driving Accident- No medical assistance offered
It is highly unlikely that any DA is going to dismiss your charges. What you do have is what sounds like a good defense. In the end, those facts may prevail, but it will not come as the result of a conversation between you and/or your attorney and the DA. The only chance you get to tell your story is at trial.
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