My brother was involved in an accident(OVI) and hit a tree and was ejected from the vehicle via the
windshield. He suffered a severely broken leg in two places. Snapped both bones in two right below
the knee and snapped both bones above the ankle, in addition he fractured his wrist and clavicle and also had seven fractured ribs, also multiple lacerations to the face and head. He has no memory of the
accident whatsoever. Currently still in the hospital. He was cited by the Ohio State Patrol for OVI with test refusal and said also refused to sign the citation. Would a person who suffered this type of trauma to the body and head be of sound mind and body to make such a decision? Could shock play a roll in this?
Yes, you can be charged with a refusal even if you don't remember but it doesn't mean you can't fight it.
I am licensed attorney who focuses on Serious DUI Cases such a 2nd DUIs, 3rd DUIs, 4th DUIs, and Felony DUIs and DMV hearings. I also have much experience handling car accident cases. Although the information I provide is helpful, it is not legal advice. Although Avvo makes it clear to consumers that attorney answers to questions are for general purposes only and do not establish an attorney-client relationship, some attorneys prefer to add their own disclaimers to answers. You can set your custom disclaimer here and it will be automatically added to your answers. Do NOT include any direct solicitations or contact information.
Unfortunately, the police don't care about his condition, they are interested in prosecution. I suggest that he contact a good OVI attorney immediately. Andrew Bucher is the best in the Lima area. He can advise you on all facets of the case and the best way to proceed.
Yes he can be charged. You need to be getting in touch with local DUI attorney to fight this.
Hope he is doing better soon.
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