My question involves an injury that occurred in: British Columbia, Canada
(I realize this is a US forum.)
I was recently involved in a violent single vehicle accident in the middle of the night. I had been drinking at home with some friends and went to sleep. This is the last thing I remember.
Next thing I remember, I woke up and I was in my car alone, crashed, approximately half a block from my home. I do not have any memory of how I got there.
The police arrived and arrested me because they could smell alcohol on my breath. I was confused and acting irrationally and also acting intoxicated. I refused a breathalyzer test because I did not know how I had got there or how the accident had happened and I asked to speak to a lawyer.
My vehicle was extremely damaged and was undriveable. The air bag did not deploy. After reading witness statements, all the witnesses agree that I was acting confused and strangely and that I didn't seem to understand that I had been in an accident.
At no point did the police offer me medical assistance or ask me if I was okay. As soon as they smelled alcohol and I asked for a lawyer, I was handcuffed and left in a vehicle while they filled out paperwork.
I have slept walked in the past, I had recently worked 69 days in a row without a day off and was exhausted, I was on medication that has been known to cause sleep walking and I was stressed before going to bed after an argument.
I am now being criminally charged with a refusal to blow, ICBC is not covering me and I have had several sanctions against me, even before I have been convicted.
Any advice in this case? I am particularly interested in why the police did not offer any medical assistance to someone acting strangely after a severe car accident?
I am certain that I did not choose to drive that night. I had gone to bed and have witnesses who can testify to that fact.
Am I still liable and criminally responsible even though there was no mens rea?