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Is there a way checking whether an epileptic seizure has taken place? (MRI scan showing trace evidence in the brain?) If the driver has not experienced subsequent seizures, it would be difficult to accept this one without evidence.
Sorta not the point. We are talking about the person being accused. So reasonable doubt is in her defence.
It is down to the prosecution to either prove this is false. Or prove she had reason to know it was unsafe for her to drive.
Sure, but isn't this the sort of thing usually debated and considered at a trial?
Previously it was the CPS choosing not to prosecute.
No. At no point is lackmof evidence proving someone innocent ever acceptable to debate at a trail.
And I the lead up to the trail. It is not something even the defence or prosecution is likely to consider. As neither is able to consider it as argument. Or make decisions on taking the case based on such.
My point is the CPS had decided that the explanation provided by her is enough to rule out prosecuting her.
So surely anyone can use that defence then, when they drive like a twat and kill somebody because of it. Er I got undiagnosed epilepsy, passed out for the first time with it ever and the doc says it's possible so you can't arrest me?
Thing is, this could be cast iron truth from her, I just don't think the judgement of whether she is telling the truth or not here should be something the CPS decides, but rather a jury of her peers, with plenty of medical experts weighing in too.
I don't want to call her a liar, but I want the truth of her claim to be fully validated. If it were anything else, whatever, but two little girls are dead and there are others that will never be the same again.
You are right. Is a hitherto episode of epilepsy a good defence for dangerous driving in general?
I guess it could come down to whether or not the person has previous incidents of dangerous driving or they have footage or other evidence to suggest she wasn’t epileptic. If there’s no physical evidence or subsequent seizures. (I know I’m speculating and - you are right - we should assume innocence and that her account is right until shown not to be).
Its only a defence. If she has no history of diagnosable attacks.
I am no expert on epilepsy . But know young diagnosis is far from exclusive. So it is entirly possible this was her first attack. Or even the first attack she recognised as such. (IE not happening when she was asleep or otherwise unable to identify).
But if she has ever had an event she should suspect makes her unfit to drive. She is required to tell the DVLA and not drive.
But that recognition requirement is hard to define. Drivers are not expected to be medical experts. So in general unless a doc has told her. It would be hard to proove she is aware of any risk.
T1d myself. Diagnosed long before I was able to drive. I now do not drive because my condition is not safe to do so. But was in the situation for almost 30 years. Where I was required to testify my stability to drive every few years. And could be held responsible if I did so falsely.
If I remember correctly she said it had never happened before. It would be interesting to know whether it has happened again after and whether she has been driving a car since.