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Being accused of misconduct while having a seizure.

Sun, 03/21/2004 - 09:30
I recently had a seizure while driving. I had not had one while awake for 3 years before this. I felt it coming and then woke up in the back of a police car. I am still fighting this. My lawyer asked me if I felt it why didn't I get out of the car? For me I feel it and within seconds I have the seizure. Does this happen to anyone else?? Because I can't prove that I had a seizure, My doctor did write a letter but was not admitted, I am going to be found guilty of driving intoxicated. The test came out zero. The officer questioned me while in the post ictal state and Supposedly I said yes. I don't recall any of the coversation. Does this sound fair? Would anyone else fight it? Take the easy way out? I am under so much stress due to this that I had seuizures for 7 days straight. It took another week before I could taste food or talk properly. I'm posting this here because I am sure at least one person can understand the frustration. Please respond if possible. I don't want to admit tro something I didn't do. I swear that there is a difference between being careless and having a seizure. Thank you

Comments

RE: Being accused of misconduct while having a seizure.

Submitted by frogman137 on Wed, 2005-03-30 - 02:25

momof1,

         Unfortunately your situation is anything but abnormal.I don't drive because I have full tonic/clonic seizures but my dad got into a similiar situation a few years back.I was having a seizure and he was trying to get me to the hospital.By the time he was stopped for speeding the worst of it was over and I guess I was just sitting up in the back seat dazed and nearly sleeping.He was given a ticket regardless of the situation.I just paid the ticket for him and life went on,no matter how wrong the situation was.If you're trying to fight it I wish you nothing but the best but understand,from experience,it won't be an easy battle.People who don't have to deal with the beast that we do simply don't understand.If I were you I'd push to get your doctors testimony into the picture that may just be your saving grace.They can't cut him out if his testimony is relevent to your case so don't let them.Stand your ground and my prayers will be with you,

                                           frogman137

momof1,

         Unfortunately your situation is anything but abnormal.I don't drive because I have full tonic/clonic seizures but my dad got into a similiar situation a few years back.I was having a seizure and he was trying to get me to the hospital.By the time he was stopped for speeding the worst of it was over and I guess I was just sitting up in the back seat dazed and nearly sleeping.He was given a ticket regardless of the situation.I just paid the ticket for him and life went on,no matter how wrong the situation was.If you're trying to fight it I wish you nothing but the best but understand,from experience,it won't be an easy battle.People who don't have to deal with the beast that we do simply don't understand.If I were you I'd push to get your doctors testimony into the picture that may just be your saving grace.They can't cut him out if his testimony is relevent to your case so don't let them.Stand your ground and my prayers will be with you,

                                           frogman137

RE: Being accused of misconduct while having a seizure.

Submitted by Hope19 on Wed, 2005-03-30 - 11:25
Forgive the spelling been sezingMe and My husband have seziures but my are far worse than his, he has gone to collage for law. You can not be conviced of a DWI unless you have achool in your blood stream. tell your lawyer you want a paer saying a breath test was done and you want a copy and that you also want a copy of all the evedence aganct you...and if you have a good lawyer this will work..and if sometime you know you will have them and secs later you have them "I do the same" and ITS NOT FARE!!!Hope and Sam

RE: Being accused of misconduct while having a seizure.

Submitted by Cedar on Wed, 2005-03-30 - 14:42
you are far from guilty , You have a medical condition that is something you can not predict. I am very happy you have a new lawyer. I was going to suggest you get a new lawyer. Glad you did just that. I second the idea you get a second opinion for medical back up. get past records. of test etc. all back up support you can get will help you for sure. I am very sorry to hear you had to go through it. You are strong and can do this. Best to you.

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