CLOSED HEAD INJURIES & DUIs
Driving home you are hit from behind, your head bounces against the headrest, the air bag does not deploy. When the police arrive, they smell alcohol on your breath, do some tests and YOU are arrested for DUI! Why?
Loss of consciousness is not needed to have a closed head injury. The whiplash of hitting your head against the headrest, as in the above scenario, is enough to have a concussion.
(Airbag deployment is almost a guarantee of having a closed head injury)
The above scenario has happened too many times. The circumstances are so stacked against the driver for the following reasons. The closed head injury will have an effect on attempts to balance or do coordinated actions. You will be unsteady on your feet, unable to balance on one leg or stand with your feet in a tandem position. You might be dis-oriented to basic things like your name, location and date- at least for a little while. These are all attributable to the head trauma.
Police will consider these factors as indications of driver impairment due to alcohol. They are also seen with a closed head injury, with or without loss of consciousness. Similar testing is done by doctors in the emergency departments.
The only factor that cannot be attributed to the closed head injury is the odor of alcohol.
It is important to document the closed head injury with a medical examination either in an emergency department or your personal physician as soon as possible. Documentation can be crucial in the court setting to show reasonable doubt regarding the law enforcement findings of signs of intoxication.
This was the exact circumstance of a recent DUI case that was dismissed when Mr. Tillotson presented the ER examination records to the prosecutor for a young man who suffered a facial fracture and closed head injury- concussion- both documented in the ER exam the day following arrest and release for suspected DUI.
The prosecutor realized that reasonable doubt was created with the hospital ER documentation and decided not to proceed to trial. The DUI charge was dropped.
The client was happy he had followed his instinct and gone to the ER to seek treatment for the injuries he suffered.
This shows the importance of preserving evidence of closed head injury.
Dr. Joseph Citron received his Medical Doctorate (MD) degree from the Albert Einstein College of Medicine in 1971. After completing his residency training in ophthalmology at the Mayo Clinic in Rochester, Minnesota, Dr. Citron established a surgical practice in Atlanta where he became a Board Certified Ophthalmologist. During his career as a practicing physician, Dr. Citron held various positions that included chief of staff of Atlanta Hospital and an AMA delegate from Georgia. Additionally, Dr. Citron lectured on surgical techniques and results at National and International conferences.
Dr. Citron received his J.D. from Georgia State College of Law and combines his knowledge of medicine with the practical aspects of law in several areas. He is a consulting attorney in medical malpractice and nursing home abuse cases, an active litigating attorney, and an expert witness.
Dr. Citron’s most recent publication appears in the June 2007 issue of the Champion, a monthly journal for the National Association of Criminal Defense Lawyers, and discusses the mis-application of the Romberg test administered by police in road-side sobriety tests.
He is admitted to practice before the 11th Circuit Court of Appeals, the United States District Court for the Northern District of Georgia, and all Georgia state trial and appellate courts.
Should you find yourself in a DUI/DWI situation in Virginia you can contact Michael Tillotson for a FREE No obligation Case Evaluation by contacting our office today. Michael C. Tillotson, LLC – DUI Defense Attorneys in Virginia. Office 757.969.5197 visit http://www.VaDWIDefenders.com or email at info@vaduilawyer.org
