Replies to This Discussion

Permalink Reply by Cara on May 28, 2010 at 7:27am

Yes, he should be charged. If you're diabetic and drive, you need to be vigiliant about your blood sugar testing and make sure you aren't behind the wheel when you're low. Diabetics are pulled over all the time for drunk driving when they're low, why should the law be any different? Driving isn't a right, it is a privilege. What a sad situation all around.

Since he takes his medication regularly, he's type 2? Where do they get that assumption?

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Permalink Reply by Doris D on May 28, 2010 at 1:28pm

You said that well, something I was trying to say but my temper took over waaaaay to fast! Whoops sorry! WELL SAID!

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Permalink Reply by Cara on May 28, 2010 at 2:53pm

I don't want special laws in place for diabetics, but I stand behind my comment about being careful about blood sugars. I'm also hypo unaware, and I test myself before I start to drive. With the comments I read about his passenger asking him to pull over and such, it makes me wonder. He shouldn't get off completely without consequence, but there are mitigating factors in this case.

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Permalink Reply by Bubbaluv on May 28, 2010 at 10:43am

Personally I don’t see enough information to say he should be charged or not, but I suppose that will come out in court. If he was in fact negligent, he knew he was diabetic, ignored it or chose not to manage it properly, then yes he committed a crime. In the interview he states he checks his blood “frequently” and “takes his medication”. If the facts prove he has taken all the precautions possible, then I see this as an unfortunate accident.

What I don’t see is how he will be judged by a jury of his peers. While a lot of drunk drivers get acquitted because juries can be sympathetic (most people at one time have been behind the wheel when they would at least surpass the legal limits), I find it hard to believe with the stigma associated with Diabetes, that they will be able to find jurors that understand his condition and judge the situation clearly or fairly.

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Permalink Reply by Jan on May 28, 2010 at 11:09am

This case will probably be overruled on appeal. If his judgment was impaired because of severe low blood sugar, he should not be held liable. Someone dropped the ball here, I'm guessing his attorney. Can't believe this!

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Permalink Reply by Marie on May 28, 2010 at 12:57pm

Obviously different but I don't think this question would arise in the UK
In the Uk it is definitely the responsibility of the person with diabetes to make sure they are fit to drive. If they are on insulin or a hypo inducing medication they have to reapply for a driving licence every 3 years,(sometimes less).They are also required to inform the authorities if their situation changes in the interim. I know several people who have voluntarily surendered a licence.
You must inform DVLA
• If you develop impaired awareness of hypoglycaemia.
• If you suffer disabling hypoglycaemia at the wheel.
• If you have frequent episodes of hypoglaecemia
The advice is
Do not drive if you feel hypoglycaemic or if your blood glucose is
less than 4.0 mmol/l.
If hypoglycaemia develops while driving stop the vehicle as soon as
possible in a safe location, switch off the engine, remove the keys
from the ignition and move from the driver’s seat.
Do not resume driving until 45 minutes after blood glucose has
returned to normal. It takes up to 45 minutes for the brain to fully
recover.
Always keep an emergency supply of fast-acting carbohydrate such
as glucose tablets or sweets within easy reach in the vehicle.
Carry your glucose meter and blood glucose strips with you. Check
blood glucose before driving (even on short journeys) and test
regularly (every 2 hours) on long journeys. If blood glucose is
5.0mmol/l or less, take a snack before driving.

If someone has an accident and is found to be hypo, unless they can prove it really was an isolated hypo (and in that case peoples meters will help supply the evidence as to whether they tested before driving and also previous readings)they will almost certainly be prosecuted.

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Permalink Reply by Gerri on June 14, 2010 at 5:35am

I found this disturbing. "We looked at the whole case and his medical history. We went back to his doctors and discussed it with them. We went to the individuals who provided him with his training on managing his diabetes. We went to other experts in the state and even my own in-house expert. We were very deliberate in our review of this case before we filed it. It took us almost eight months from the time it happened to make our final decision. We determined that he made a conscious choice to ignore his diabetic symptoms."

Since when do doctors discuss a patient's medical history? Confidentiality has been seriously breached.

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Permalink Reply by Annie777 on August 25, 2011 at 1:31am

For all of you folks residing in the UK.


According to this article that I have just read, plus similar ones in the press - The DVLA will be assessing a diabetic’s ability to drive from October this year, 2011. I understand that it is mainly type 1 diabetic’s that will be affected by the new regulations as it is related to 'hypos'.

My son is type 1, age 26 and has not being driving for very long. He has a medical history of hypos - hence - I fear that he may lose his driving licence.

Any news/opinions on this would be much appreciated.

Please refer to the article link:

http://canidoit.org/how-can-the-new-eu-rules-justify-a-complete-dri...

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