QUESTION

What is the difference of DUI and concussion and their consequences?

Asked on Mar 27th, 2013 on DUI/DWI - Florida
More details to this question:
I have a prior. The lawyer tried to get me to plea. I had a concussion at the time of the incident. I was trying to go to the hospital, passed out on the way and no property damage. I was found slumped over the steering wheel with the car in park shut off, in an oncoming traffic lane up against the curb at an intersection.
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1 ANSWER

Criminal Law Attorney serving Altamonte Springs, FL at The Trabin Law Firm, P.L.
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Concussion is when there is a shaking or striking causes a person's brain to incur a trauma. The result can be that a person experiences nausea, vomiting, dizziness, unconsciousness, eye problems, or more. The concussion can be anywhere from mild to extreme. DUI is operating a motor vehicle while one's normal faculties are impaired due to drugs or alcohol. Of course, it is possible for someone to do both. A person could be drunk, get punched or in an accident, and suffer a concussion. The question for your case is what evidence does the state have that you were under the influence. If there is a blood test from the hospital that shows a large amount of alcohol in your system, or perhaps certain drugs, then it would be for a jury to decide whether you were guilty of DUI. The other question is how do you prove that you had a concussion. You might have to testify and that is always a dangerous path for a defendant to take.
Answered on Mar 29th, 2013 at 2:41 PM

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