Legal Question in Criminal Law in Florida

If you had a seizer and were on pain med were unaware you were having seizers and got into an accident someone died several days latter you had been on pain meds for 20 years none of the scripts say you cant drive you werent being traeated for seizers can they charge you with Capital Murder

Asked on 9/24/13, 11:56 am

1 Answer from Attorneys

Eric Trabin The Trabin Law Firm

I suppose it is less about the pain meds and more about whether it was expected that you knew whether you would have seizures. If a person knows that they have black outs, narcolepsy, seizures, and what not, and they get behind the wheel of a car knowing that at any moment one of these things could happen, then they are responsible for someone's death if it is caused by the car they are driving.

I doubt under these facts that "Capital Murder" could be charged. Such a charge indicates that the death of the person was intentional. Perhaps Second Degree Murder, Manslaughter, or Vehicular Homicide would be more appropriate. First Degree Murder, a capital offense, requires that the killing be intentional.

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Answered on 9/24/13, 12:02 pm

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