Sure, but isn’t this the sort of thing usually debated and considered at a trial?
Previously it was the CPS choosing not to prosecute.
Comment on Wimbledon school crash: Woman rearrested over deaths of two girls
HumanPenguin@feddit.uk 2 days agoit would be difficult to accept this one without evidence.
Sorta not the point. We are talking about the person being accused. So reasonable doubt is in her defence.
It is down to the prosecution to either prove this is false. Or prove she had reason to know it was unsafe for her to drive.
MrPoletki@feddit.uk 2 days ago
HumanPenguin@feddit.uk 1 day ago
No. At no point is lackmof evidence proving someone innocent ever acceptable to debate at a trail.
And I the lead up to the trail. It is not something even the defence or prosecution is likely to consider. As neither is able to consider it as argument. Or make decisions on taking the case based on such.
tenebrisnox@feddit.uk 1 day ago
You are right. Is a hitherto episode of epilepsy a good defence for dangerous driving in general?
I guess it could come down to whether or not the person has previous incidents of dangerous driving or they have footage or other evidence to suggest she wasn’t epileptic. If there’s no physical evidence or subsequent seizures. (I know I’m speculating and - you are right - we should assume innocence and that her account is right until shown not to be).
HumanPenguin@feddit.uk 1 day ago
Its only a defence. If she has no history of diagnosable attacks.
I am no expert on epilepsy . But know young diagnosis is far from exclusive. So it is entirly possible this was her first attack. Or even the first attack she recognised as such. (IE not happening when she was asleep or otherwise unable to identify).
But if she has ever had an event she should suspect makes her unfit to drive. She is required to tell the DVLA and not drive.
But that recognition requirement is hard to define. Drivers are not expected to be medical experts. So in general unless a doc has told her. It would be hard to proove she is aware of any risk.
T1d myself. Diagnosed long before I was able to drive. I now do not drive because my condition is not safe to do so. But was in the situation for almost 30 years. Where I was required to testify my stability to drive every few years. And could be held responsible if I did so falsely.
Digestive_Biscuit@feddit.uk 1 day ago
If I remember correctly she said it had never happened before. It would be interesting to know whether it has happened again after and whether she has been driving a car since.