Medical Problem Contributed to Violation

[AverageCitizen]

My question involves a traffic ticket from the state of: Texas

I got a speeding ticket. Yes I was speeding. The issue is that 7 days prior to the violation, I was in a major truck accident at work. At the time, I was unaware that I was suffering from PTSD, of which, one of the symptoms is lack of concentration. I was in laa-la land and simply did not see the speed sign. It was not until about a week later that I figured out what was going on with me (repeated trips to laa-la land, nightmares etc) and filed a workers comp claim to get treatment.

Is suffering from a unknown medical condition at the time of the violation helpful to my case?

[Mr. Knowitall]

If I were a judge or prosecutor and your excuse for speeding (or violating any other traffic law) is "I kept 'zoning' and had no idea why," my reaction would be, "You shouldn't have been driving in that mental state." If you can't pay attention to the road, whether that's due to fatigue, mental or physical illness, you should pull over until you're again able to focus.

[That Guy]

Is suffering from a unknown medical condition at the time of the violation helpful to my case?

It most certainly is... I think that's a brilliant idea, AverageCitizen...

If what your claiming is true, it should be the treating therapist/physician's responsibility to make such notification to the DMV, or if it is even possible that you were under such condition when you got pulled over, then the officer would have noticed something and notified the DMV of the same! But if none of the above, your testimony under oath should really suffice to get the process started to have you license revoked:

You can read more about Medical Revocation HERE, but here is the relevant Texas Statute:

Sec. 521.319. REVOCATION FOR MEDICAL REASONS.

(a) A person may not operate a motor vehicle if the person:

(1) is a chemically dependent person who:

(A) is likely to cause serious harm to the person or to others; or
(B) will, if not treated, continue to suffer abnormal mental, emotional, or physical distress, or to deteriorate in ability to function independently; or

(2) has been determined by a judgment of a court to be totally incapacitated or incapacitated to act as the operator of a motor vehicle.

(b) The driver's license of a person is revoked on:

(1) the judgment of a court that the person is totally incapacitated or incapacitated to act as the operator of a motor vehicle; or
(2) the order of a court of involuntary treatment of the person under Subchapter D, Chapter 462, Health and Safety Code.

(c) If the person has not been issued a driver's license, the judgment or order of a court under Subsection (b) automatically prohibits the department from issuing a driver's license to the person.
(d) The clerk of the court that renders a judgment or enters an order under Subsection (b) shall notify the department of the court's judgment or order before the 10th day after the date the court renders the judgment or enters the order.
(e) The revocation of a driver's license under Subsection (b) or the prohibition against the issuance of a driver's license under Subsection (c) expires on the date on which:

(1) the person is:

(A) restored to capacity by judicial decree; or
(B) released from a hospital for the mentally incapacitated on a certificate of the superintendent or administrator that the person has regained capacity; or

(2) the order of involuntary treatment of the chemically dependent person expires.

(f) Before the 10th day after the date under Subsection (e)(1)(A) or (2), the clerk of the appropriate court shall notify the department that:

(1) the person has been restored to capacity by judicial decree; or
(2) the order of involuntary treatment has expired or has been terminated under Section 462.080(d), Health and Safety Code.

(g) Before the 10th day after the date under Subsection (e)(1)(B), the superintendent or administrator of the hospital shall notify the department that the person has been released from the hospital on a certificate that the person has regained capacity.
(h) In this section:

(1) "Chemically dependent person" means a person with chemical dependency.
(2) "Chemical dependency" and "treatment" have the meanings assigned by Section 462.001, Health and Safety Code.

And if it will help any, I really don't think you're "average" at all! Not even close!!!

[souperdave]

Is this the same situation? http://www.expertlaw.com/forums/show...ht=#post623776

So which is it? The "errors" or the "PTSD" aspect that makes you think that either tactic is a viable means to get out of the citation? After one idea didn't fly all that too far then you decided to pursue another.

The error thingie was a fail, so the PTSD thingie will also be a fail.

I can see it now: ".....Your Honor, I was obviously impaired but drove anyway and then got a ticket. You think you could see your way clear to dismiss this ticket due to that? Thanx!......by the way, could you speed things up some, I have a workers comp claim to attend to....."