Sleep Driving Accident with Alcohol

[salart]

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?

[lurkertom]

Time to lawyer up sparky. Expert Law forums are for legal issues in the US. Sorry.

[Who'sThatGuy]

So your defense will be that:

1. while you were asleep, you somehow managed to get the keys to your vehicle

2. find your way outside and find the vehicle that the keys would start

3. get in the vehicle, start and drive the vehicle away

If you were in the U.S., I know the judge and court room would laugh at you, but your in Canada and I've never even been to Canada - not alone one of there court rooms, so I can't comment on what a judge there would think.

But good luck with whatever you choose your defense to be.