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Being Arrested For Having A Seizure.
Sun, 02/22/2004 - 14:08Topic: Family & Friends
Has this ever happened to anyone?2 months ago I had a seizure while driving. I hadn't had one while awake for over a year. I woke up in the back of a police car. Asked where I was and was told I was drunk and had caused an accident. I told the officer " I don't drink. I had a seizure." I lost conciousness again. I had on my medic alert. I had hit a building, breathalizer at 0, they didn't care. My I.D card even states that If something happens please call my home to check on my daughter. Nothing was done. I was still charged with impaired driving. They refuse to admit a letter from my doctor. The main reason for this post is that the Police need to pay closer attention. This has happened to many people in my area. Having a seizure on the street and being arrested. My wrists were bruised from the handcuffs. I must have resisted. Maybe if there is more understanding the Police will shown more restraint in dealing with someone having a seizure.
Comments
Re: Being Arrested For Having A Seizure.
Submitted by Bmcrimmon on Wed, 2005-12-21 - 12:45
You know you really should seek a lawyer about this situation. There is a definite battle that needs to be won.
Re: Re: Being Arrested For Having A Seizure.
Submitted by John M on Sat, 2006-01-28 - 15:50
John M
It is unfortunate that my comments have apparently upset some members. This will be my final posting on this matter – my only purpose was to try to provide the data to make an intelligent impartial decision. There seem to be a general tone on the website that the Medic Alert bracelet should serve as a free pass. I am not seeking to cause a war with members. All I do ask for an impartial review of the incident and the police response
momof1's statements
1.†I woke in the back of a police carâ€
2. “They refused to admit a letter from a doctor.†Who? If this is a criminal case it is neither the job nor the right of the Police to be the judge on the legitimacy of that letter - is it possible this letter might be a forgery?
3. “This has happened to many people in my area.†Where? I worked in a city with 8 million people and I can’t corroborate that statement.
4. “I must have resistedâ€
5. â€I don't think I had a seizure.†If this is true what influence does an epileptic Medic Alert bracelet have on the situation?
If mom can’t articulate herself what had transpired why are the Police being judged to be the perpetrators of an undetermined injustice?
Let me offer a hypothetical but very credible situation. Monof1 hits a mother and child walking on a sidewalk and they are critically injured. The police go to the home of the injured family to make a notification - a standard policy for death or near death incidents because there have too many situations that the person notified via telephone becomes seriously injured when he or she faints and hits their head or the notification triggers another medical emergency such as a cardiac. If all goes well and police can transport the family to the nearby hospital the question arises "what happened" should the police respond "They were hit by a woman who says she is an epileptic and since she was wearing a Medic Alert tag and we let her go†or should the Police lie?
The police officers involved in the real incident acted properly By bringing Mom to the precinct several things could be accomplished The negative IDTU testing documents that any behavior at the scene that might be interpreted as intoxication by witnesses was definitely not the result of intoxication. (I do not have the data available to determine the basis for an Impaired Driving charge- Intoxicated Driving and Impaired Driving is not synonymous) This helps to protect both the mom and the police involved by defusing possible allegations of favoritism or malfeasance. While this test is being conducted another important investigation could be initiated. An investigation must be conducted to determine if this driver did have proper authorization to do so – an investigation which only takes a telephone call because information should be available thru DMV if the correct protocol had been followed. The PD computers have access to DMV records. If the data can’t be obtained, mom may be released with a special criminal summons, but there will be a follow-up investigation and she will be rearrested if the subsequent investigation does not produce the documentation
Mom would be arrested on a felony charge of Reckless Endangerment and processed for a criminal arraignment before a Judge who would determine if the woman should be remanded till the hearing or set the terms for a bail-release
could be initiated. "If this person is epileptic who was the medical doctor who provided the current authorization to do so. If Mom did not have any current approval, this is not a summons able offense. Mom would be arrested for a charge more serious than a misdemeanor Impaired Driving which could eventually be processed as a non-arraignment arrest. Mom would be arrested on a felony charge of Reckless Endangerment and processed for a criminal arraignment before a Judge who would determine if the woman she be remanded till a hearing or set the terms for a bail-release
It must be stressed Medical Alert bracelet is no free pass for an epileptic while driving - if anything it is a flare that a more thorough police investigation should be conducted – it provides no special privileges like a registration plate with the Disabled logo For those who believe that the "...police should be more understanding and fair" they are correct - if you were the family member being transported to the hospital to see their dead or dying loved ones who were just walking down a street when they crushed between a car and a building wall, what response would you want to hear to the question "what did you do?"
This is a long entry but I must try to impress that the above investigation is typical of one performed by professional police agencies and one which citizens have a right to demand. If anyone believes that a medical alert bracelet is a free pass that will absolve the wearer of his or her responsibilities that person is very mistaken.
I exhort anyone who is prone to seizures to cease driving – the medical alert bracelet does not provide and special privileges like the disabled symbol on registration plates
STOP DRIVING BEDORE YOU FIND THE MOTHER AND CHILD WHO ARE WAITING FOR YOU
RE: Being Arrested For Having A Seizure.
Submitted by USMALE on Sun, 2004-02-22 - 14:08
I'm sorry you had to experience that. I've been there more than once myself. Giving the judge my medic alerts didn't change things. (except that I stopped wearing them NOT VERY SMART) It made a statement. Made me feel better about it, but the only thing that stopped the arrests for driving drunk was that I said to hell with it and stopped driving. I just never bothered to try to get my lisence back. The state took it and I let them keep it. I'm not suggesting that anyone else do that. I had simply had enough. Things have changed a lot since I stopped driving. I think that this is one of the few states that still hasn't changed it's requirements. No matter though. I have bigger problems than the DMV. You, I would suggest, hire a lawyer. You wear a medic alert for a reason. We are trained to look for these. If Police can't tell the difference between a seizure and drunkeness, they need training. Okay, maybe it's not so easy to tell someone who's postictal from someone who's drunk, but if the person says they had a seizure at least look into that possibility. I think that once you told them that and pointed out or they saw the medic alert, they messed up by leaving you handcuffed. If you didn't break the law and weren't a threat to anyone, the cuffs were an unnecessary and/or excessive use of force. I'm not a lawyer, just an ole corrections officer who was forced out because he had some seizures at home. Only an attorney can tell you this for sure. We can all cut them some slack and understand that they have to protect themselves. I'd be willing to bet that they try to say that it was for your protection though. (Like I said, I've been through it too.) The slack that we cut them does not mean that we have to risk injury to ourselves. On a seperate note, Of course you resisted! Why wouldn't you? If anyone can't understand that, let's see: You were confused, frightened, angry AND someone you didn't know was trying to restrain you against your will! Hey guess what?, Nobody had better even try to hold it against you! They need a better way. If they won't listen to us, what can do? Anyway really get a lawyer. I would consider seeing about the posibility of legal action. maybe you can do something about the lack of training....GOOD Health and Good Luck