Is a diagnosis of dementia ever a legal defense?

My mother doesn’t drive anymore. She takes call a bus which is part of centro bus. She only pays 3.00 each way and it takes her anywhere in her county. It runs Monday-Friday 7am-7pm. On the weekend it runs on a limited schedule.

Please please make sure atty does criminal. Not civil & sometimes dabbles in criminal but is all abt criminal defense.

& perhaps before she gets you to be Piper the Chauffeur 24/7, call around to see if there is a Lyft or Uber driver who is known for being elder friendly and do a drive with them to discuss that possibility. Or if there’s a senior friendly transportation service that specializes in this.

I’m assuming that you really don’t want to blithely be her on call chauffeur. The Area on Aging for your area probably has a list of day programs that include outings in their activities. I’d suggest that you try to get her on a twice a week day program and let thier shopping outing be how she gets most of her retail therapy & shopping done. & get set up to order online & get it delivered to you at your condo. I think that if the anticipated 2nd wave of Covid hits in Nov& Dec, Jan, you’ll be really glad to have online deliver services already set up and relationships with Uber in place.

You might want to check out these transit options:

Okaloosa County Transit, (850) 833-9168

http://www.ecrider.org/routes/

Piper, there are other options for transportation.   Senior Centers, especially well run ones, have vans at their disposal.     These are adapted for senior use, and depending on the size of the transit authority from which they're leased, may have wheelchair assist.

I learned when I had cataract surgery that some ambulance companies have nonemergency transit.   This is what I used for follow-up after surgery.   

They're not cheap; most point to point transit services aren't.  But the local transit company does have small vans, wheelchair equipped, that are reasonable.   A year or so ago it was a nominal cost, something like $1.00, for transit one way.   

Personally, I would consider these before Uber.   I've read of too many issues arising from private service, either to passengers or drivers.    I consulted cab companies; they're expensive, and you have no guarantee that the drivers have experience with older people.

Piper, why are you going to be mom's driver?

Please allow her the dignity of taking cabs.

So, Piper, is this court date in PA or in FL?

I have no idea about the guardianship thing. I think you need to talk to her lawyer about how to get her what she NEEDS.

Is she selling the cottage at FMV? Not doing so has implications for Medicaid.

Was alchohol really involved, was she tested or was it because the way she spoke to the police they thought she was drunk?

Since there was minor damage the fine may not be too bad. First time DUIs are usually not as bad. Bring Dementia into it and maybe the Judge will be lenient and she will just get a fine, has to pay for the damage if insurance doesn't and her license revolked for good. Laws need to change and doctors made accountable when they don't report a Dementia patient to the DMV. License should be taken away upon diagnoses. Because, by the time they are diagnosed they are pretty much into the Dementia.

We had a Cop in town whose Mom suffered from ALZ and he was told he couldn't take her license away until there was an accident and ALZ was found to be the cause. By that time she could have killed someone.

As said, get rid of the car. If there is a POA a diagnoses that Mom can no longer make informed decisions will put the POA in effect. Its no longer what she wants but what she needs. The POA can then sell the car for Market Value if u think Mom will need Medicaid within five years. In the meantime, store it somewhere else. Out of sight, out of mind.

PS from me:
You also observe above that Mom was given a "DUI" but may not have done the tests. Refused blood test and I don't know about breathalizer. She may have been diagnosed as DUI because of her answers, which may have been a result of dementia. But that alone is enough to have license taken. I myself would be honest as to no more driving again, and would go for the Senior ID with her and release the license to drive. Your Mom has been diagnosed?
Are you thinking she may be needing more care now? Is she still living alone?
I am so relieved to hear that her POA is in place and you are on the spot. Wishing you so much luck.

Piper, I'm really sorry to learn about this situation.     It must be so frustrating, and traumatic for you and your family.

I haven't done any criminal work, or interpretation, in years, and couldn't say whether dementia is a defense w/o doing legal research.    What I would do though is plan to appear in court with your mother (even if she doesn't want you there). 

If her lawyer isn't a criminal lawyer, it's much better to get one.   Law is so segmented by practice area that someone who's not in that field isn't going to be current on practice as well as legal precedents, penalties, etc.

You or your brother can ask for a court-appointed attorney (assuming that she's unable to afford an attorney of her own, or wouldn't agree to consider hiring one with a practice specific to criminal law).   At least that way she has some level of protection.

I think dementia would be an explanation only, as to how the situation arose.    And I'm pretty sure her ability to drive would be legally rescinded, likely permanently, unless she gets substance abuse counseling, and/or a doctor can certify to her ability to drive despite the dementia.

If this is the first offense, and depending on the hearing judge, she may just get off with a reprimand and revoked license, as well as mandatory alcoholic addiction counseling.

This is where an experienced criminal attorney could help mitigate a worse outcome.

Good luck; I hope this event has a side effect of bringing your mother closer to you and your concerns, and give up driving for her sake as well as that of her family.

My father went through the no more driving situation, and given his independence, it wasn't easy.  So I tried to plan supportive happy events whenever I took him somewhere...little surprises, like stopping at his favorite restaurant, or getting a Dairy Queen (a treat for both of us), or visiting a friend, or putting a favorite CD on after we returned, to divert his attention.

Walks in the neighborhood also were a diversion, especially if we met other walkers, and even more especially if they were walking their dogs.   I also tried to get neighbors to bring their dogs over to visit him.

Oh, Piper, I'm so glad no one was hurt!

I cant imagine that dementia is a defense against a DUI. It might mitigate an order to attend AA meetings, say.

But this should be a wake up call to the court system that mom may need a guardian or at the least that she can no longer live alone.

I would ask your brother to press mom's lawyer to refer her case to whatever court handles guardianship in her jurisdiction.

I would also supply the court with the documentation that you've got on how your mom managed to get around her doctor's suspension of her Florida license and her getting a license in PA.

It is not defense in the case of a DUI but the good news is that she will not have a license. I don't recall if you told us who her POA is but it is time to step in and be certain she cannot drive. With dementia her word that she will not is worthless. We took my brother after his accident to the DMV and got license changed to Senior ID, gave up the license. No car on premises. No keys. No nothing and driving over. There will be no defense now for a future accident and she could lose everything; she will be uninsured.
Where it could be a defense is in case of shoplifting, if seniors are bussed by their Board and Care of ALF to shopping center. And even that would likely be through "forgiveness" and the lack of the store pursuing charges.
It is time for the POA to take more active role for Mom now, it would seem, if she will allow it; if not, guardianship might be in the future. Good luck.
My brother's accident was the beginning of his diagnosis. Prior to that we thought there were only balance issues. He was only so thankful he had not injured anyone by his not knowing what was going on with his brain. I hope that's the case with your Mom. He was more than willing to give up driving.

Dementia is not a legal defense. In fact, it is a serious liability. As you know someone with dementia should not be driving. Dementia impairs their judgement, their vision, and their response time. If someone with dementia us involved in an auto accident, whether it's their fault or not, the insurance company may or may not pay the claim. Your mom's situation is unfortuneate, but it'll put an end to her driving. That's a good thing. It's relieves you from being the bad guy. I hope the loss of driving privedges is her only penalty.