Legal Question in Criminal Law in Florida

If your in a car accident andthe doctors tell you you had a seizer thats what caused the accident, there was a death involed and you were on some pain meds for 16 years low dose not abused can they charge you with capital Muder Manslauter vechile manslauter bodily injury ect


Asked on 5/30/13, 12:04 pm

2 Answers from Attorneys

Joseph Justice The Justice Law Firm

Capital murder, or all capital offenses are eligible for the death penalty, it requires some degree of premeditation so in this scenario the answer is no. However there is a the potential charge of of DUI manslaughter or Vehicular Homicide. Simply crashing a car and killing someone due to a seizure alone would not be a crime, just a terrible accident. If there were some evidence that the medicine had impaired the driver or caused the seizure, or in the alternative evidence that the driver knew about and regularly had seizures, then it might be a crime. These kinds of cases are generally very thoroughly investigated and take a while to for the state to make a charging decision.

Read more
Answered on 5/30/13, 12:10 pm
Edward Hoffman Law Offices of Edward A. Hoffman

I generally agree with Mr. Joseph. Note, though, that the doctor's opinion is not legally binding. The authorities don't have to accept it. If they believe something else was going on, they can charge you with a crime. You can then offer the doctor's testimony in your case. Here again, it will not be binding. The judge or jury might accept her conclusion or they might not.

With so much at stake, you should get a lawyer right away.

Read more
Answered on 5/30/13, 12:21 pm


Related Questions & Answers

More Criminal Law questions and answers in Florida