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View Full Version : Driving with Known Medical Condition: Penalty?


Xainia
12-23-2006, 03:57 AM
I was reading the 'Driving Drunk: Murder or Manslaughter? ' thread and one poster mentioned someone with a medical condition being pulled over for DUI.

It got me to thinking about my late FIL. He had a stroke and was told he could have more. This affected his sight, movement, thought processes etc.

He handed his drivers licence and sold his car as soon as he got out of hospital. He never drove again.

I know many with medical condtions that can impair the driver that do drive.

Are they guilty of murder or manslaughter if they kill someone when they have that waiting to happen accident?

Xainia

Tober
12-24-2006, 12:39 AM
Are they guilty of murder or manslaughter if they kill someone when they have that waiting to happen accident?

If the individual in question was driving with a known medical condition which they were required to report to the DMV, and if it can be shown to a reasonable degree of medical certainty that their medical condition contributed to the accident, they could be charged with manslaughter. They couldn't be charged with murder as the intent to kill would be unable to be established.