War hero’s DUI defense identifies battle scars as cause of crash

Not all scars are visible, especially among the men and women who have served our country in battle. Mental disorders are not the easiest injuries to spot, but with medical professionals’ help, disorders such as post traumatic stress disorder can be detected and, therefore, treated.

It isn’t uncommon for veterans to suffer from mental disorders as a result of their service. One example of such a veteran is at the center of an out-of-state drunk driving case. The veteran has been honored for his service in Iraq and Afghanistan, but amid earning various medals for his service, it sounds as though he didn’t receive at least one thing that would have meant a lot: a mental health diagnosis.

According to The Washington Post, the veteran became the defendant in a Florida DUI case after he allegedly caused a crash in April of 2010. A man died in the crash, and now the veteran’s future is on the line as a result of the incident. When authorities responded to the scene and investigated, it was allegedly found that the veteran had been driving under the influence of alcohol.

But the suspect’s DUI defense attorney argues that alcohol was not the root cause of the fatal accident. He claims insanity led to the tragic crash.

Insanity in this case is being attributed to the mental wounds that the veteran supposedly suffers from as a result of his years of service. The veteran reportedly was seriously injured during his service. Sources report that he sustained brain damage on the field and brought that invisible wound home with him, including a serious case of PTSD. Combined, the defense argues that the brain damage and PTSD caused the veteran to suffer a dissociative episode before the crash occurred.

This matter has become more than just a DUI case. It has attracted the nation’s attention due to the identity and reported wounds of the defendant. It’s been an ongoing struggle to ensure that U.S. veterans get the medical, mental and emotional support that they need when they return home. A not guilty verdict would support the theory that more needs to be done to aid in a healthier, smoother return for our soldiers.

We will post an update when there is a development in this case.

Source

The Washington Post: “Hero Marine claims brain trauma suffered in Iraq, Afghanistan led to fatal DUI crash in Fla.,” Tamara Lush, Sep. 23, 2011

Max Keller has won countless jury trial cases involving misdemeanors and felonies, sex crimes, and DWI’s. He is a member of the Minnesota Society for Criminal Justice, which only allows the top 50 criminal defense attorneys in the state as members. Max is a frequent speaker at CLE’s and is often asked for advice by other defense attorneys across Minnesota.

Years of Experience: Approx. 20 years
Minnesota Registration Status: Active
Bar & Court Admissions: State of Minnesota Minnesota State Court Minnesota Federal Court 8th Circuit Federal Court of Appeals State of Maryland

What to Do If You Have Been Charged with a Criminal Offense

You may need to hire a criminal defense lawyer even if you have not been charged. A criminal defense lawyer protects your rights when law enforcement officers are investigating you for a crime. Without a lawyer, you might say something that could be incriminating or misconstrued. Your lawyer can engage with the police or the prosecutors and provide evidence that prevents them from filing formal charges. Your lawyer can also go through your case and prepare a defense strategy if there is a possibility of you getting charged.
People arrested or charged with a crime may wonder, “How long do I have to get a criminal lawyer?” There is no strict deadline to hire a criminal lawyer in Minnesota. However, it’s advisable to hire one immediately if you get arrested, charged, or are under investigation for a crime. Getting legal representation on time protects you from making mistakes that can compromise your case. It also allows your lawyer to build a solid defense strategy that can increase your likelihood of getting a positive outcome from your case.
Continuance is what a court grants to delay proceedings. The parties in a criminal case (the prosecution and defense teams) may agree to a continuance to get more time to prepare for the proceedings. There are many reasons that push your defense lawyer in Minnesota to seek a continuance. A good example is when the other party presents surprise witnesses or evidence, requiring more time to work on a new defense. You can also request a continuance if you want to replace your lawyer, especially if you feel you are not getting sufficient representation.