What to do if I was in an auto accident and suffered a bad concussion and eye injury and made statements to the police?
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What to do if I was in an auto accident and suffered a bad concussion and eye injury and made statements to the police?
I was taken to the hospital. I have no memory of right before the accident until about 2 days afterwards. According to my citation, I both refused a lawyer and gave implied consent. I am still having states of confusion and mini “black-outs”. Was it legally right for them to do this given my mental state and can anything I said be used against given the fact that I was not mentally there?
Asked on June 6, 2013 under Criminal Law, Kentucky
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 10 years ago | Contributor
While you can try to contest your statements (i.e. have them excluded) on the grounds that you were not mentally competent at the time and therefore could not consent/waive counsel, this will most likely not work. Courts have held that an alleged lack of capacity owing to voluntary intoxication (e.g. getting drunk) and its consequences (e.g. getting a concussion due to being drunk) is not legally a lack of capacity--that is, you are still held accountabled to your actions, including any statements made, waivers or rights, etc. Courts have held this because otherwise, it would be an implicit invitation to people to imbide in order to then escape the consequences of their actions.
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