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Head injury in OWI

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ahf318

Junior Member
Michigan

If someone crashed their vehicle, broke the windshield with their head and cannot recall the accident, being read their rights or anything else for the following 6 hours. Should they have been brought to a hospital regardless of their outward appearance of being fine, and would the breathalyzer test conducted 2 hours after the accident be valid evidence of impairment?
 


seniorjudge

Senior Member
Q: If someone crashed their vehicle, broke the windshield with their head and cannot recall the accident, being read their rights or anything else for the following 6 hours. Should they have been brought to a hospital regardless of their outward appearance of being fine, and would the breathalyzer test conducted 2 hours after the accident be valid evidence of impairment?

A: Yes and yes. You already asked questions about your Canadian drunk driving charge so I am assuming you also got arrested in the US.

I don't answer questions about a country that thinks gravy on French fries is a delicacy.:D
 

PainInTheRear

Junior Member
Sorry to be so ignorant

I don't know all the buzz words yet. On the other hand - this post doesn't state the extent of the head injury. The poster could have sustained a concussion, a subdural hematoma or worse. I think that information is pertinent in this case.
PITR
 

FlyingRon

Senior Member
I spent years as a paramedic. If someone smacked their head on the windshield, you damn sure better take 'em to the hospital no matter how normal (or just drunk) they appear. I've had guys who didn't even break the skin on their face but left the distinctive starburst pattern on the winsdhield. Convince them to get into the AMBO, walk them in to the ER and then have them collapse with a serious head injury after we dropped them off.

Once you get to the ER, you can betcha that they're going to draw blood and test it for EtOH. Can't say I ever saw anybody breathalized in the ER, the cops just pulled blood samples when they wanted them.
 

moburkes

Senior Member
I don't know all the buzz words yet. On the other hand - this post doesn't state the extent of the head injury. The poster could have sustained a concussion, a subdural hematoma or worse. I think that information is pertinent in this case.
PITR
Your question didn't ask about the extent, just if there was an injury.
 

ahf318

Junior Member
seniorjudge... thank you? I wonder if you gave the question any serious thought though based on your assumptions...

To phrase the question another way would be: If a person is not in a state of mind to comprehend what is being said to them or what is going on, is there a legal obligation for a change in standard procedures from a "normal" Operating While Impaired car accident.
 

moburkes

Senior Member
seniorjudge... thank you? I wonder if you gave the question any serious thought though based on your assumptions...

To phrase the question another way would be: If a person is not in a state of mind to comprehend what is being said to them or what is going on, is there a legal obligation for a change in standard procedures from a "normal" Operating While Impaired car accident.
What are you getting at? Why don't you describe what happened and what you THINK should have happened? That would make it easier to answer your question.
 

PainInTheRear

Junior Member
Your question didn't ask about the extent, just if there was an injury.
You already said that and it wasn't a question it was a comment. I guess you feel that you are perfect in every way. You are a perfect parent? Give me a break! Do you think you are God or something?
 

PainInTheRear

Junior Member
Your question didn't ask about the extent, just if there was an injury.
You already said that and it wasn't a question it was a comment. I guess you feel that you are perfect in every way. You are a perfect parent? Give me a break! Do you think you are God or something?
PINR
 

moburkes

Senior Member
You already said that and it wasn't a question it was a comment. I guess you feel that you are perfect in every way. You are a perfect parent? Give me a break! Do you think you are God or something?
PINR
Yep, I'm a perfect parent, which is why there is a smilie at the end of that statement, and the smilie is sticking out its tongue. You need a sense of humor.

Since I talk to God often, and I KNOW I'm not talking to myself, I KNOW I'm not God. Thanks for asking, though.
 

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