Community Forum

Being accused of misconduct while having a seizure.

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


You have complex partial seizures? Have you had EEG's in the past, or lately? If so, have you tried to get those admitted as evidence? Why won't they admit the doctor's letter into evidence?? Boy, that makes me mad! I know it's not a major trial, but you should be able to defend yourself!! Thankfully, I haven't had an experience like yours. I have had seizures while awake and in public but never while driving. I do know about the aura you speak of, I get that as well just before the seizure strikes (there isn't any way to prevent the seizure at that point). I'm sorry that you're going through such a horrible experience, it's boloney! I can only imagine how stressful it is, and I know that's not good for your disorder either. I would definitely fight it though. I would start by speaking with both some legal experts and the Epilepsy Foundation in my area. Both should be able to contribute to your defense.Best of luck to you...I hope it works out for you!Heather

I am writing in regards of your 'case' of being charged with 'misconduct'.l am 'TRULY' sorry,,& wish to hell I could be there not only 4 support,,but 2 also speak on your behalf. I also know exactly what you're going through, due a problem I had a 'few years' back, when I worked at 'Mike's Mart' & was literally fired (they said I had 2 many seizures at work) yet it was really because the 'JERK' they hired 2 work with me on 'midnight shifts' (because of 2 many 'drunks' coming in & almost got robbed numerous times) sexually harrassed me & threatened me. & was friends with the 'owner',,,So go figure, YES I faught it in court, taking over 2-yrs , yes I won. but NEVER again can I work in a "Mikes Mart" ANYWHERE!!. And 2 top it off, I've also been kicked out of 'Restaurants, & other stores',, owner's saying "I ruin their buisness & Scare their customer's,... Now tell me that's fair. And the (SO CALLED) Government & Social Services has 'Bluntly' said 2 my face,,Epilepsy is NOT a disability, & have been denied it ever since. If I can be of ANY help or support, don't hesitate 2 call on me,,ANYTIME....."WE ARE PEOPLE TOO!!!",,,,,, BEST OF LUCK...I WILL BE THERE AS A "FRIEND", & WE WILL WIN THIS IN THE END!!!!

You realy have no choice but to fight it: a DWI conviction will follow you as much as a licence revocation for seizure while driving. You should check your state laws on driving though, because you may loose your licence for a longer (or shorter)period of time compared to having a seizure with impaired conciousness. Regardless, you have been charged with a crime that the policeman's own evidence does not support! You need a really good lawyer and to threaten to sue the arresting police force for compensation relating to your mental anguish that has resulted from their "case". Your also need testimony of several medical experts who can support your story. Do the Epilepsy Foundation call for specific names and contacts. Do not stop until this is corrected so that it will not follow you for the rest of your life!

Thank you so much for replying. I don't know anyone else who suffers from seizures. In my area there will be a forum to promote awareness. I plan to attend hopefully to meet others. I feel like a freak. Constantly having to prove myself. I had to fight Children's Aid 3 years ago. They said I was mentally ill and hurt myself on purpose. Multiple seizures in court got my child back. It just helps to know that I am not alone. People who don't understand say "take the easy way out" It's not right. Thank you again for your input. It strengthens my resolve to fight. Actually I told my Lawyer that I would go to the media. He told me I would not get sympathy, but public outrage at me!

I don't think it's fair at all what you're going through. I have seizures also and understand the post ictal stage. You are so out of it, you'll say anything with out understanding. That's why my mom, after I have a seizure, will tell anyone to just not talk to me for another ten minutes or so. I understand your auras. Sometimes mine will be thirty seconds or so and others just a few seconds. They're always different. I would fight this to the end. They just don't understand. It's ok. I hope everything works out for you. Good luck.

I want to thank you all for responding. It is nice to know that someone else can understand. It is true that after a siezure someone could ask if I were a dog or superman and I would say yes. I spoke to someone at the newspaper and they may take this further. Friends who have no idea about seizures just want me to agree with whatever charges. Your replies give me the confidence to fight. Thank you.

Here is a little update for anyone who may be interested. I have found a new lawyer, through the epilepsy foundation in our city, and he is great. He has given me hope. I can't say 100%, but chances are I will not be convicted. In case no-one can recall what I am talking about I had a seizure while driving Was charged with DUI, Driving carelessly and disorderly conduct. My first lawyer said I had no chance, even with my medical evidence. He does not understand epilepsy and treated me like a criminal. Thanks to all who replied the support helps. As well as knowing that this has happened to others. Stacey

My husband has partial complex seizures and secondary generalized seizures.  No one who wasn't a medical professional used to seizures would look at him and think "seizure" - they would think inappropriate behavior.  I know, I have seen them.  If you are at risk, get a lawyer used to medical conditions....not one who asks why you cannot control yourself during a seizure.   Susan

I would not say you are guilty, I would fight it. Get an EEG or MRI for proof. ALso when you have seizures and it is seconds to respond, you cant really stop, you are worried that you are having a seizure and you are just not thinking clearly on what to do. What kind of meds do you take for epilepsy, this could be an important factor too?

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

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

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.

I have partial temporal lobe seizures.  I had my first one at 23 while at work.  There really was no explanation for the onset of the epilepsy.  I am now 31 and have been fortunate to have had only 7 seizures in the last eight years (someone is my guardian angel !!).  Anyway, I like you had my second seizure while driving my car on the NYS Thruway.  I completely blacked out and had no idea that it even happened until I woke up with a broken driver's side window and paramedics/firefighters trying to get me out of the car.  Fortunately I walked away without a scrape and without harming anyone else.  In my case the only thing that happened was my license was suspended and I could not drive for one year.   It is completely absurd to me that you should still have to fight this.  The fact that you have been found guilty of driving while intoxicated makes me IRATE!!!!  People have NO idea what having a seizure is like unless they've had one themselves.  What's even more unbelievable is how your lawyer asked you why you didn't get out of the car since you felt it coming on.  I like you have about a few seconds from the time I realize a seizure is coming on to the actual onset.   How the hell are you supposed to pull over, stop the car and get out in like 3 seconds?  That's just utterly rediculous.  Bottom line is I would DEFINITELY fight this.  You might want to admit this website with these responses from others who also suffer from epilepsy.  Sometimes it takes "music from the masses" for people to accept and believe that what you're saying is true.  I'm sorry you have to deal with these.  I hope you have a positive outcome from the situation.  I sincerely support you and what you're going through.   Good luck!      

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