Can an officer legally question you after a concussion?

[ttpd]

What is the name of your state (only U.S. law)? Kentucky
I was in an accident in which I received a severe concussion. I do not remember much from an hour or so before the accident till a couple of days after the accident. They are saying that I consented to a blood test and answered questions including implied consent. Can they have legally done this. I am still suffering effects from the concussion and they are sending me for tests to see if I am having seizures.

 

[Zigner]

What is the name of your state (only U.S. law)? Kentucky
I was in an accident in which I received a severe concussion. I do not remember much from an hour or so before the accident till a couple of days after the accident. They are saying that I consented to a blood test and answered questions including implied consent. Can they have legally done this. I am still suffering effects from the concussion and they are sending me for tests to see if I am having seizures.

You should ask your lawyer these questions.

 

[racer72]

Please state what gives a police officer the training and knowledge to diagnose a concussion.

 

[tranquility]

Of course he can question you and get consent to any of a number of things.

The issues will be, was the consent valid and, would the concussion make anything you say less reliable. But, those questions will go to fact finding in front of a judge.

Speak to your attorney.

 

[HighwayMan]

...and answered questions including implied consent.

Implied consent has nothing to do with questioning you.

 

[justalayman]

What is the name of your state (only U.S. law)? Kentucky
I do not remember much from an hour or so before the accident till a couple of days after the accident.

was that from the concussion or the alcohol which was the underlying cause of the accident?

They are saying that I consented to a blood test and answered questions including implied consent. .

and if you do not remember anything, how can you dispute the cops statement? Having a concussion does not make you incapable of given consent even if you may not remember doing it.

 

[latigo]

What is the name of your state (only U.S. law)? Kentucky
I was in an accident in which I received a severe concussion. I do not remember much from an hour or so before the accident till a couple of days after the accident. They are saying that I consented to a blood test and answered questions including implied consent. Can they have legally done this. I am still suffering effects from the concussion and they are sending me for tests to see if I am having seizures.

(Perhaps the meds are anticipating another "alcoholic seizure"?)

Interesting how you report that “I was in an accident” rather than that you caused the accident. Otherwise, you would be hollering about who you could sue and for how much.