20th January 2010, 05:31 AM
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Wizard
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Join Date: Jul 2007
Location: Auckland, NZ
Posts: 1,756
Thanks: 196
Thanked 363 Times in 208 Posts
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Quote:
Originally Posted by clubagreenie
So when I didn't know I had epilepsy, had an accident and ran off the road and hit someone I should have ended up in jail? I didn't kill anyone but went damn near close.
Long version.
Ran off M2 heading west just after the toll plaza where it kinks left then right. Passed out due to seizure) and didn't turn right ran straight into the back of two cyclists. Now 2 years earlier I had another pedestrian run out in front of me and he was hit. He admitted so in courts and I lost license for 12mths. I had family doctor of 35+ years, 3 neurologists and RTA medicine and driving specialists all say that I couldn't have known that it would happen and I didn't have a history.
1 year and $50-K in lawyers later I am still guilty of dangerous driving occasioning grievous bodily harm, which while I couldn't have known it would happen I did hit them and do considerable damage. Fortunately it was in a "between rover" phase or they'd defiantly be 6' under. What I really objected to was them trying to get me for 16 counts of "obtain benefit by deception (legal speak for fraud) because I didn't tick the box on my previous license applications stating I had a history of blackouts, seizures and fits.One count per application I had put in over the years. The judge decided that was too much and brought it down to one.
So end result, 2 year good behavior bond, 2 years (200 hours in the end) community service and 3 years no license. AND to boot I could no longer qualify to keep my job as a commercial diver as I couldn't pass the medical required to do the course, let alone the annual medical required to keep the certification. So there went my quite considerable income and only real qualification.
Sp please consider that while there are those who do do the wrong thing. The law exists to lay blame on someone. There isn't a provision for something being an "accident"
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Wow, that really sucks. I am so sorry to hear that. Perhaps some folks around here can help you get your life back in order.
I do not want to make comment on a public forum about what I thought about the case and the effectiveness of your legal representation. This is too sensitive I think.
But I would add that this is why judges, when passing down sentences, have gradations that they work to. There are those instances where the perpetrator is in a position where they could not help what they were doing and it is up to the legal counsel to argue their client's case effectively. Having spoken to one or two judges they get frustrated when lawyers do not adequately defend their cases.
Alan
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