Monday 14 April 2014

The medical defence: we can use it too

Last month, the topic of "the medical defence" was covered -arguing that anyone who uses it is claiming that they aren't safe to drive.

Today Arthur Page of Worlaby, Lincolnshire, gets off a Death by Dangerous and a Death by Careless by doing exactly that "The lorry driver told the court he had been diagnosed with sleep apnoea - a condition which causes the sufferer to stop breathing while they sleep - following the collision."

Unless prosecutors are trained to exploit this admission of unfitness to drive, until the DVLA is hooked up to the courts, using this defence in court isn't going to lose your license.

that is, unless someone reports you through the DVLA web page -which we have just done, and which they have just accepted

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Please provide as much detail as possible about the person's fitness to drive you are concerned about.:
Mr Page used the defence if "he had been diagnosed with apnea" as a defence in a trial of causing death by dangerous driving.

The fact that he crashed into a stationary HGV is evidence that the condition is affecting his driving

As such, he is declaring that he is not medically fit to drive unless and until this condition has been addressed. 

We'll never know if this gets acted on. But in absence of justice in the legal system, this is all that is left.


  1. good work, fingers crossed.
    Don't know why the defendants don't have to hand over their licence *before* invoking a medical defence.
    "I've got sleep apnoea"
    "Did you drive here?"
    "Add another careless driving to the charge sheet then"


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