Legal Question in Criminal Law in California

i have epilepsy but i still had a valid drivers license. i had a seizure while driving and caused an accident where there was a fatality. i was not charged anything by the police dept but i was told that my case would have to go to the D.A. for review because of the fatality. will i be go to prison for this? i have no criminal record and a couple of tickets on my driving records but thats all. i call the public defenders office and the lawyer i spoke to told me that with what i told her i SHOULD not be charged with anything but a friend told me i could be charged with vehicular manslaughter. please help me


Asked on 9/01/09, 5:28 pm

4 Answers from Attorneys

Brian Dinday Law Offices of Brian R. Dinday

Well, those are two different questions and they are not inconsistent. Yes, you COULD be charged with negligent homicide (manslaughter), since you knew you were epileptic, but no, you should not be charged. I think most D.A.'s would have some understanding, but it is no guarantee. What county is this in? Yours is a good case for early attorney intervention. I would contact the D.A. before he decides whether to charge you or not and try to convince him not to.

But expect your license to be revoked unless you can get this totally under control so that DMV is convinced others are not in danger anymore. As it is, your doctor faces potential liability for NOT reporting you to the County Health Dept (who would then notify DMV to suspend your license).

You do need an attorney. If you are in the SF Bay Area, you can give me a call for a free consultation. I had a similar case and was able to convince the D.A. not to file. You can find my contact data at Dinday dot com.

Read more
Answered on 9/01/09, 6:00 pm

I agree with Mr. Dinday. Early intervention by an attorney could help to convince a DA to not file charges (which, of course, is a lot better than having to fight filed charges).

If you're in Southern California I would be willing to help you.

Read more
Answered on 9/01/09, 6:04 pm
Terry A. Nelson Nelson & Lawless

Help comes only from hiring an attorney to represent and defend you. Do not attempt to do so 'pro per'. If serious about doing so, feel free to contact me.

Read more
Answered on 9/01/09, 9:20 pm
Jacek W. Lentz Law Offices of Jacek W. Lentz

I agree with the previous advice. Get a lawyer involved as soon as possible. Feel free to contact my office if the accident took place in Southern California.

Jacek W. Lentz 213.250.9200 www.lentzlawfim.com

Read more
Answered on 9/02/09, 1:42 am


Related Questions & Answers

More Criminal Law questions and answers in California