Tag Archives: MENTAL HEALTH

DUI on 6/3. He wants to Plea. I say NO!

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

Can I get emergency medical power of attorney for my brother in Tennessee?

Q: I’m in Pittsburgh, my brother is in Nashville. My brother had end stage cirrhosis of the liver and had to have emergency surgery that left him with a permanent ileostomy. He detoxed at the hospital, but he is a chronic alcoholic. His mind is confused, and he is in denial about his entire situation. He has discharged himself several times against doctor’s orders and is in very grave health. He needs to be admitted to the hospital and stay there for medical care. The hospital told me they do not do any type of psychiatric evaluations. (Pittsburgh, PA)

A: You need a lawyer who practices in Davidson County, Tennessee. An attorney who does hospital visits would be great. If you brother is competent and willing, the attorney can prepare a POA for your brother to sign. If your brother is not competent to sign documents, the attorney can advise you on the next step which would either using the mental health system to have your brother committed if he is a danger to himself or others, or if necessary, filing a petition in court for you to become his guardian. You really do need an attorney in that location. You can call the county Bar Association to see if they have a lawyer referral program. Good luck with your situation.

Can I be forced to take my daughter?

Q: My daughter is 17 and will be 18 in six months. She has serious behavioral issues. She has been in and out of hospitals her whole life. She is in a psych ward now for locking herself in a teacher’s lounge at school and threatening harm. My ex-wife, who have full custody of her and my 15 year-old son, doesn’t want our daughter released to her and has said a court will force me to take her. I don’t want her. Can I be forced to take her? We can’t have her issues in our house. (Pittsburgh, PA)

A: You cannot be forced to take custody of her. If your ex-wife will not let her in her home, or refuses to take her home from the hospital, CYF will be called to take temporary custody of her. You will be called and offered temporary custody as well. if you don’t want her, she will be placed in a shelter and eventually placed in foster care if found to be a dependent child. As a biological parent, you and the mother will be responsible to reimburse CYF for all the money it spends on her care if she remains in foster care. I suggest you and your wife seek help for her whether it is through the courts, the school, CYF, etc. My suggestion is to call KIDS VOICE in Pittsburgh.