Q: 1st DUI was over 10 years ago. The charges are 1. 75 § 3802 §§ D2*, 2. 75 § 3802 §§ D1ii* He already pulled off the road as he did not feel right, the police pulled up. He failed a test, allowed a search and was taken for blood work. He is on meds, psychiatric & suboxone. He took something else too, possibly. He wants to plea at bail hearing.  I say NO WAY. He was not read Miranda. Something medically happened around the same time. He has been diagnosed with “drop foot”(our hospital sucks! all they did was look at his foot and sent him for a foot brace. It took 15min! I got him in Pittsburgh’s Rooney Concussion Clinic to find out why this happened. He has suffered ALOT of head trauma (three 3rd grade concussions in the 6 years we have been married). I noticed his memory not working. We went to get new tires; he drove to the wrong place! He swore it was one name; when the actual name was way off and many other things with his memory, his gait, etc. I feel he shouldn’t plea. I say go for trial and take all medical docs showing there was/is a serious med issue that may support his case? (Greensburg, PA)

A: The only way to determine if “he” has a defense would be to gather all of his medical records, medical history and police reports and have them reviewed by an attorney. I have had cases in the past where someone wants to credit under the influence like behavior to prior existing injuries, over-prescribed medications, and other external factors. You will need a physician’s help as well. You do not mention a blood alcohol test. Was there one performed? If so, what were the results? In addition, one can be arrested without Miranda rights being given. Miranda protections only apply to situations where police question a defendant in their custody. Given the burden of proof of all the defenses you raise (brain damage, medications, etc.) and expense you may have in defending this, you may want to consider ARD if it is offered.

DUI, DEFENSE, MEDICATIONS, MENTAL HEALTH, ARD