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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 mommy2kyra on Wed, 2004-03-10 - 13:04
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

RE: Being accused of misconduct while having a seizure.

Submitted by tracul2004 on Wed, 2004-03-10 - 20:57
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!!!!

RE: Being accused of misconduct while having a seizure.

Submitted by lrmamann on Wed, 2004-03-10 - 23:05
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!

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