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

[Confuscious]

"Doctors say that the driver of the Isuzu was high on drugs. He was tested positive to Methamphetamine (Ice or Yabba). He also had an history of drug abuse. " (Source: True Pattaya)

[Ulic]

Self driving cars cant come soon enough. RIP and condolences to the victims

who died and a full and speedy recovery to those injured. 

[Russell17au]

2 hours ago, johncat1 said:

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 !!!

You should really read the story before you say anything because in the story it states the he cannot be charged with ATTEMPTED MURDER not about any other type of charge. Like you say CASE CLOSED....NEXT

[Andrew Dwyer]

11 hours ago, chickenslegs said:

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) 

I think this should be appropriate  ?

[Russell17au]

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 )

 

Your own quote is "MOST Epileptic people" not all and they do not faint they have seizures where the muscles contract and tighten which makes the body stiffen and shake, which would be the reason that the vehicle accelerated and did not reduce speed like it would if you just fainted.

This is Thailand and Law in Thailand has nothing to do with Law in England which is also different to Law in Australia and Law in America

[Russell17au]

2 hours 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.

Yes, that would possibly be right because as he is having his seizure his muscles tighten and his foot would go down on the accelerator and he would still travel in a straight line, thus the excessive speed

[Russell17au]

16 minutes ago, Confuscious said:

"Doctors say that the driver of the Isuzu was high on drugs. He was tested positive to Methamphetamine (Ice or Yabba). He also had an history of drug abuse. " (Source: True Pattaya)

If this is correct then this incident would more likely to be a driving under the influence of prohibited drugs

[spidermike007]

All we want to see is that this criminal is subject to the maximum sentence possible. And all epileptics should be subject to an annual evaluation by a neurologist, or similar specialist, who certifies that they are on the proper meds, and capable of handling a vehicle, before they are allowed to drive. 

 

I do hope this guy is sentenced to decades in prison. His illness does not excuse the damage and destruction, and mayhem he has caused. Families have been destroyed. His family should also be liable for all damages, as well as substantial payment to all families who have suffered from a death of a loved one, as well as all who have been seriously injured. 

 

Hopefully his family is not wealthy (above the law). Hopefully, his family will suffer. 

[jollyhangmon]

38 minutes ago, Confuscious said:

"Doctors say that the driver of the Isuzu was high on drugs. He was tested positive to Methamphetamine (Ice or Yabba). He also had an history of drug abuse. " (Source: True Pattaya)

 

19 minutes ago, Russell17au said:

If this is correct then this incident would more likely to be a driving under the influence of prohibited drugs

... yeah, excellent conclusion Sherlock ...  

[Russell17au]

3 minutes ago, spidermike007 said:

All we want to see is that this criminal is subject to the maximum sentence possible. And all epileptics should be subject to an annual evaluation by a neurologist, or similar specialist, who certifies that they are on the proper meds, and capable of handling a vehicle, before they are allowed to drive. 

 

I do hope this guy is sentenced to decades in prison. His illness does not excuse the damage and destruction, and mayhem he has caused. Families have been destroyed. His family should also be liable for all damages, as well as substantial payment to all families who have suffered from a death of a loved one, as well as all who have been seriously injured. 

 

Hopefully his family is not wealthy (above the law). Hopefully, his family will suffer. 

In most countries epileptics do have to face a medical evaluation before they are granted a restricted license, but this may not be as simple as that now because it everything could have changed owing to the illicit drugs that he had consumed. If this is correct then the epilepsy has nothing to do with the incident. He was driving under the influence of illicit drugs which is a whole different story with a whole different reason for the incident and a whole different lot of penalties. I hope that the drug item is true because I do not believe that those who suffer from epilepsy that are doing the right thing should be branded and penalized unfairly because of the actions by this man

[farq]

Begs the question as to why an epileptic was driving the vehicle in the first instance?! Did he actually have a licence and if so, why? Or was he just driving unlicenced? 

[ujayujay]

1 hour ago, snowgard said:

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.

I am sure, UK Rules nothing to do with Thai Law.

[masuk]

12 hours ago, chickenslegs said:

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) 

maybe a smiley of a large male of the bovine species, dropping a load.

[Russell17au]

17 minutes ago, farq said:

Begs the question as to why an epileptic was driving the vehicle in the first instance?! Did he actually have a licence and if so, why? Or was he just driving unlicenced? 

There are no laws in any country that disqualify a person who suffers from epilepsy from holding a license, in most countries there are special conditions on the license

[masuk]

6 minutes ago, masuk said:

maybe a smiley of a large male of the bovine species, dropping a load.

or airborne porcine

 

Edited December 5, 2017 by masuk

[dave moir]

16 hours ago, trogers said:

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...

If he's epileptic he shouldn't be driving and his licence should be revoked!

[Essaybloke]

16 hours ago, trogers said:

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...

I wonder if the guy due to his condition was banned from driving? Do we know this? How do you know his actions were 'wilful'? And a claim of THB100m is completely unrealistic of course. But such comments probably exorcise your outrage, right?

[trogers]

2 minutes ago, Essaybloke said:

I wonder if the guy due to his condition was banned from driving? Do we know this? How do you know his actions were 'wilful'? And a claim of THB100m is completely unrealistic of course. But such comments probably exorcise your outrage, right?

Yes, especially the last sentence...

[Scotssing]

The reason it seems to me for quoting UK or other countries regulations is to show that in supposedly well regulated countries epileptics may under some conditions drive. There are some comments being posted which seem to be a knee jerk reaction that epileptics should never drive.

 

The article reporting the incident in today's Bangkok Post says that the Land Transport Department would require checks for people prone to seizures, people who have had brain surgery, diabetics requiring regular doses of insulin and various hear conditions including those who have had heart surgery or require angioplasty. Unfortunately these regulations are only due to be enacted before the end of the year.

 

I think a better perspective is needed. No one would suggest all those with heart conditions or diabetes can never drive but checks should be made. The same is true of epileptics. One must remember in the past there was a lot of prejudice against epileptics and one would hope we are more understanding today.

 

As for the merits or otherwise in this particular case at the moment we just do not know. One can only have the deepest sympathy for the victims.

 

 

 

 

[trogers]

12 minutes ago, dave moir said:

If he's epileptic he shouldn't be driving and his licence should be revoked!

That's why he was wilful.

[Russell17au]

2 minutes ago, Essaybloke said:

I wonder if the guy due to his condition was banned from driving? Do we know this? How do you know his actions were 'wilful'? And a claim of THB100m is completely unrealistic of course. But such comments probably exorcise your outrage, right?

But it looks like it may not be from his epilepsy but from a cocktail of drug abuse (ice and yaba)

[trogers]

Just now, Russell17au said:

But it looks like it may not be from his epilepsy but from a cocktail of drug abuse (ice and yaba)

Home treatment for epilepsy?

[Russell17au]

1 minute ago, trogers said:

Home treatment for epilepsy?

yes, he must have been his own doctor and prescribed them

[sead]

5 hours 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? )

Naah. Same as 100 people die in fire and 2 children or150 die where 3 were youngsters etc. 

[farcanell]

4 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 )

 

Yes... yes... all very good... for a country with rule of law,  societal morals and a commitment to public health..... unlike Thailand

 

perhaps this is something that needs looking at, once beach smoking has been dealt with, of course.

 

 

 

 

 

 

[Media1]

I would say the Thai lawyer is also a patient of the Asylum. Firstly he was not fit to even be on the roads. I know I know half the population are not fit.

In this case he should be charged and the Thai lawyer talks crap. The driver knowingly got in the vehicle and was aware of his condition. I hope he has another seizure and dies.

[Media1]

13 hours ago, chickenslegs said:

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.

(sorrlol y, I can't find the appropriate smiley) 

Lol

[Media1]

34 minutes ago, Essaybloke said:

I wonder if the guy due to his condition was banned from driving? Do we know this? How do you know his actions were 'wilful'? And a claim of THB100m is completely unrealistic of course. But such comments probably exorcise your outrage, right?

With the wonderful road laws and strict enforcement on all drivers. What do you think Sir

[Media1]

5 hours 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.

You could be right. I would not doubt it

[smudger1951]

I just don't know how the insurance companies operate in this country. How can they cope with the number of accidents, the fatalities and injuries, along with uninsured parties. A normal application for insurance would involve answering questions relating to medication and health record.etc etc