Thai lawyer - epileptic driver who killed two cannot face attempted murder charge

[snoop1130]

Thai lawyer - epileptic driver who killed two cannot face attempted murder charge

 

 

Thai media continued to report on the fallout from the tragic accident in South Pattaya on Monday morning.

 

Two people were killed and 15 injured when a man having an epileptic seizure plowed into motorcyclists on South Pattaya Road.

 

As the injured lay in hospital Daily News Online spoke to a legal expert at Mae Fa Luang University Thanathorn Thakhampu who said that epileptics could not be held directly responsible for what happened during seizures as they were essentially out of control.

 

A charge of attempted murder could not stick.

 

But epileptics who are undergoing treatment and who have been advised by medical professionals could be shown to be negligent just for getting into a car, starting the engine and going out on public highways.

 

In this case the driver may well face a charge of negligence causing death or serious injury. 

 

The driver was named as 44 year old Akkradech Udomrat from Chonburi.

 

he admitted to police after the carnage that he was an epileptic.

 

His alcohol reading showed zero.

 

Daily News reported that a dog also died in the accident in which many motorbikes and their parts were strewn over a 200 meter stretch of the road in South Pattaya.

 

Source: https://www.dailynews.co.th/regional/614022

 

-- © Copyright Thai Visa News 2017-12-4

[trogers]

Wilful negligence causing death, injuries and destruction.

 

A Bt100m damage claim should be laid on his doorstep. 

 

Ninety-nine percent by the owner of the dead dog...

Edited December 4, 2017 by trogers

[worgeordie]

"He admitted to police after the carnage that he was an epileptic."  I hope the Police actually confirmed this, and did not just take his word.

regards worgeordie

[chickenslegs]

9 minutes ago, worgeordie said:

"He admitted to police after the carnage that he was an epileptic."

I hope the Police actually confirmed this,and did not just take his word.

regards worgeordie

I think we can all have confidence in the police investigation. The RTP has an unrivaled and well deserved reputation when it comes to thoroughness and honesty.

(sorry, I can't find the appropriate smiley) 

[juice777]

"Thanathorn Thakhampu who said that epileptics could not be held directly responsible for what happened during seizures as they were essentially out of control."

This country has no hope

Sent from my SM-G900F using Tapatalk

[MadMuhammad]

He may have been on medication, not had an episode for quite some time and or be cleared to drive. 

We need much more information before jumping to conclusions.

[catman20]

4 hours ago, MadMuhammad said:

He may have been on medication, not had an episode for quite some time and or be cleared to drive. 

We need much more information before jumping to conclusions.

a friend of mine had epilepsy for years and was on medication, he stopped taking medication went to the doctors and doctor said sometime it cures its self. hes been ok for 15 years hope he dose not have a relapse.

[Bob12345]

11 hours ago, snoop1130 said:

Daily News reported that a dog also died in the accident

Oh oh, now it is getting serious.

 

Killing some people is not too bad in Thailand, as you can just give the family some cash and all is fine.

But the laws around hurting and killing dogs are a lot stricter, and can land you in jail.

 

(btw; am I the only one who thinks its sick to add a sentence like that at the end of the article in a case where 2 people died and many got wounded? )

Edited December 5, 2017 by Bob12345

[monspencer]

16 minutes ago, Bob12345 said:

Oh oh, now it is getting serious.

 

Killing some people is not too bad in Thailand, as you can just give the family some cash and all is fine.

But the laws around hurting and killing dogs are a lot stricter, and can land you in jail.

 

(btw; am I the only one who thinks its sick to add a sentence like that at the end of the article in a case where 2 people died and many got wounded? )

No Bob, you are not the only one.

 

This country thinks that the lives of dogs are more important than humans. You only have to see all the mangy looking soi dogs to realise that, most of which should be put down, but according to my Thai wife that would be a sin against Buddhist teachings.

[Pungdo]

Another report I saw this morning says that he tested positive to Methamphetamines and was high as a kite on Yaba, he should hang high if that is the case, regardless if he is an epileptic or not.

[HLover]

RIP doggie :-(

[lucjoker]

Most Epileptic people "ARE NOT ALLOWED TO DRIVE A VEHICLE " since the can faint any given moment . This is not difficult to understand .( although on this forum ...)

So the driver has 100% fault ,that is clear as water .( i did not say :hang him )

Law in England:

here are now new rules relating to whether people can drive if:

• They have only had seizures while they sleep ( but you have to prove it)
• They have only had seizures that do not affect their consciousness ( this was not the case here )

 

[johncat1]

A so called legal expert " Thanathorn Thakhampu who said that epileptics could not be held directly responsible for what happened during seizures as they were essentially out of control." 

What a very nave statement to make. If  someone knows they are an epileptic  and are subject to seizures they should not drive and our incompetent Police Force  should press death by dangerous driving or murder charges as he knew he had this condition and could have an attack at any time.  

He willfully caused this accident and deaths by his negligence BUT according to the so called legal expert he was not responsible for his actions because he was an epileptic ...........What a load of f******g Bull*****t

A quick Wai and pay off his victims and their families and all will be forgiven and forgotten ........Maybe even become a monk for a few days . .....RTP CASE CLOSED .....NEXT !!!

Edited December 5, 2017 by johncat1

[phantomfiddler]

9 hours ago, worgeordie said:

"He admitted to police after the carnage that he was an epileptic."  I hope the Police actually confirmed this, and did not just take his word.

regards worgeordie

But I heard from someone who was there that he screamed up towards the light on the WRONG side of the road,  in a perfectly straight line, and straight through the red lights, causing the awful accident.

It sounds to me that he is just using the epilepsy excuse to try and get off the hook. Many Thais do just this, tear up on the wrong side of the road just so that they can make the green light, but in this case he wasn,t successful.

[sammieuk1]

Scary thought epileptic Thai drivers to add to the drunk speeding road raged normal ones .

[hobobo]

33 minutes ago, lucjoker said:

Most Epileptic people "ARE NOT ALLOWED TO DRIVE A VEHICLE " since the can faint any given moment . This is not difficult to understand .( although on this forum ...)

So the driver has 100% fault ,that is clear as water .( i did not say :hang him )

Law in England:

here are now new rules relating to whether people can drive if:

• They have only had seizures while they sleep ( but you have to prove it)
• They have only had seizures that do not affect their consciousness ( this was not the case here )

 

But this is Thailand. Unless you know the law in this country, English laws are immaterial.

[wvavin]

I will never believe what have been reported in this country.

[kiwikeith]

6 hours ago, juice777 said:

"Thanathorn Thakhampu who said that epileptics could not be held directly responsible for what happened during seizures as they were essentially out of control."

This country has no hope

Sent from my SM-G900F using Tapatalk
 

IF A DIAGNOSED  and known epileptic then he should never have a license or drive, so premeditated murder would be feasible as he knew he was carrying a loaded gun.

[IAMHERE]

"...epileptics could not be held directly responsible for what happened during seizures as they were essentially out of control."

Drunks and druggies are essentially out of control too;  yet they are sometimes held responsible (555) when starting up a vehicle and driving.

 

Can epileptics smoke on the beach?

 

 

[kiwikeith]

1 minute ago, IAMHERE said:

"...epileptics could not be held directly responsible for what happened during seizures as they were essentially out of control."

Drunks and druggies are essentially out of control too;  yet they are sometimes held responsible (555) when starting up a vehicle and driving.

 

Can epileptics smoke on the beach?

 

 

correct

[johnarth]

59 minutes ago, phantomfiddler said:

But I heard from someone who was there that he screamed up towards the light on the WRONG side of the road,  in a perfectly straight line, and straight through the red lights, causing the awful accident.

It sounds to me that he is just using the epilepsy excuse to try and get off the hook. Many Thais do just this, tear up on the wrong side of the road just so that they can make the green light, but in this case he wasn,t successful.

OH, lights, camera, action. there must be a video of this.

[IAMHERE]

The epileptic was playing Russian Roulette every time he got behind the wheel of a vehicle, except it was others that paid the price when he had an attack. Now he wants to blame the decease instead of taking responsibility. I think he knew there was a good chance of having a fit and choose to drive anyway.

[Gandtee]

What of the rumour that he was tested positive for drugs? Maybe he is not an epileptic?

[mikebell]

13 hours ago, snoop1130 said:

a dog also died in the accident

so one bit of good news amongst the gloom.  What's the betting it was a possible cause of the accident?

[yardrunner]

7 hours ago, juice777 said:

"Thanathorn Thakhampu who said that epileptics could not be held directly responsible for what happened during seizures as they were essentially out of control."

This country has no hope

Sent from my SM-G900F using Tapatalk
 

OK so not murder as it was not planned and not premeditated but is their the equivalent of manslaughter in Thai law as that would fit the bill

[Dave67]

Obviously, he knew he was epileptic so should not drive a car, in my book that is negligence causing death

[jimn]

39 minutes ago, johnarth said:

OH, lights, camera, action. there must be a video of this.

There is I have seen it but its poor quality. My wife knows where to find it. When she wakes up I will try and post it.

[ujayujay]

If's not Break failure, then epileptic attack 

[Rimmer]

A couple of troll posts have been removed

[snowgard]

2 hours ago, lucjoker said:

Most Epileptic people "ARE NOT ALLOWED TO DRIVE A VEHICLE " since the can faint any given moment . This is not difficult to understand .( although on this forum ...)

So the driver has 100% fault ,that is clear as water .( i did not say :hang him )

Law in England:

here are now new rules relating to whether people can drive if:

• They have only had seizures while they sleep ( but you have to prove it)
• They have only had seizures that do not affect their consciousness ( this was not the case here )

 

Nonsens!!! The most can driving a car / motorbike!!! This are the rules:
 

The rules in the UK

There are two common types of driving licence. Group 1, which applies to cars, motorbikes and most other small vehicles. And Group 2, which applies to bigger vehicles such as lorries, heavy goods vehicles and other specialised types of vehicle.

 

People with epilepsy are very unlikely to qualify for a Group 2 licence. To do so, a person would have to be seizure-free for 10 years, and have not taken epilepsy medicines for at least 10 years. Epilepsy Action believes a period of 10 years seizure freedom alone should be enough to qualify.

 

People with epilepsy who take medication can qualify for a Group 1 licence. However, in general, they will have to have not had a seizure in the last 12 months. This has been the law since 1994. Earlier in 2013, the law was changed slightly for some types of seizure.

 

Earlier this year, the rules and regulations that apply to people with epilepsy changed. Epilepsy Action gave its views on the changes when it submitted a response to the consultation on proposals to amend Driving Licence Standards for Vision, Diabetes and Epilepsy.

There are now new rules relating to whether people can drive if:

• They have only had seizures while they sleep
• They have only had seizures that do not affect their consciousness
• Their doctor changed their dosage or medication, but they have now gone back to the original dosage or medication.

We have more information about epilepsy and driving.

Edited December 5, 2017 by snowgard