[Article] Diabetes and drivers

Victor

http://home.eircom.net/content/unison/national/2433551?view=Eircomnet

Diabetic vows EU court appeal over driving ban
From:The Irish Independent
Thursday, 29th January, 2004
Linda Flood

A RETIRED trucker, who is diabetic and suffers from low blood sugar levels, yesterday vowed to take his case to the Court of Human Rights after being banned from driving for life.

The DPP instructed Inspector Denis Shields at Mullingar District Court to remove Thomas McWeeney's driving licence on the basis of his susceptibility to hypoglycaemia, a condition related to his diabetes.

Last May Mr McWeeney was arrested on suspicion of drink driving, and Dr Tony Meagher who examined Mr McWeeney in Mullingar Garda Station, confirmed he had slipped into a state of hypoglycaemia because he had failed to eat a midday meal.

When the case was originally heard in Mullingar District Court on December 4, Dr Meagher told Judge John F Neilan that hypoglycaemia was a "transient" state that all insulin dependent diabetics were susceptible to. He said Mr McWeeney would be "fit to drive" provided he took his medication and didn't skip any meals.

But Sgt Jarlath Folan of Mullingar said that on the afternoon of May 31 he happened upon Mr McWeeney at Gainstown, Mullingar.

"His vehicle was on both sides of the road," he added. He also told the court a female driver who had been driving behind Mr McWeeney for some time was "severely traumatised" by the manner in which he had been driving.

Bob Marren, solicitor for Mr McWeeney, argued his client had been diagnosed as a diabetic for the past 27 years and coped with the condition and held a driving licence during that time without incident.

Judge Neilan said he had a responsibility to protect the safety of general public and Mr McWeeney.

"I am not prepared to take responsibility for a mother or a father of a family being killed because Mr McWeeney forgets to have his breakfast, dinner or tea," he said.

But Mr McWeeney vowed to appeal the decision and take it to the court of human rights if necessary. "I live in the town centre," he added. "I don't do much driving. I could manage without the car but it's the principal of the thing."

At the December hearing, the judge imposed a temporary driving ban on Mr McWeeney pending the outcome of the case, despite objections from his solicitor. Judge Neilan also requested a report from Mr McWeeney's GP confirming what medication he was taking and whether or not such medication, or interaction of medication, would affect the defendant's ability to drive.

The case was again adjourned a fortnight later, pending a medical consultant's report on Mr McWeeney's susceptibility to hypoglycaemia. The report from Professor Gerald Tomkin was presented to the court last week.

However, Judge Neilan felt that the report was not "objective" because Prof Tomkin was not aware of the State evidence.

Judge Neilan also said there was a "stark contradiction" in the evidence of Mr McWeeney and the Gardai. Mr McWeeney claimed the car was stopped when gardai approached him but gardai said they actually stopped the car.

Mr Marren argued that even taking the evidence "at its worst", there was still no basis for revoking Mr McWeeney's driving licence on the basis of his susceptibility to hypoglycaemia.

The solicitor said the defence was not disputing Mr McWeeney had slipped into a state of hypoglycaemia. His client was hypoglycaemia aware and taking the proper precautions to prevent any further attacks. Judge Neilan disagreed.

http://home.eircom.net/content/unison/national/2433559?view=Eircomnet

Judge's ruling 'a terrible blow' to 40,000 sufferers
From:The Irish Independent
Thursday, 29th January, 2004

A LIFELONG driving ban on a diabetic was slammed yesterday by the Diabetic Federation of Ireland.

The federation warned the decision could have implications for around 115,000 diabetics nationwide.

Dr Tony O'Sullivan, the DFI's policy chairman and himself a insulin-dependent diabetic, said the federation would support Mr McWeeney in his appeal.

He declared: "This is absolutely ridiculous. There is no other way to describe it. It is complete discrimination to remove a person's right to drive a vehicle simply because of a medical condition. The decision has a potential effect for an awful lot of people."

There are some 40,000 diabetics in Ireland who are insulin dependent and are susceptible to hypoglycaemia where their blood sugar level can drop dramatically leading to loss on concentration, blurred vision and possible temporary loss of consciousness.

Referring to the decision to prosecute Mr McWeeney, the DFI spokesman added: "The DPP is completely irresponsible to have brought the case in the first place. I resent the State's contention that people who have diabetes are unfit to drive. It's completely untrue. It's not the law and its not the way licensing authority sees it."

Last night the Equality Authority said it could not be assumed all licensing authorities would start revoking licences fo people with diabetes.

Chief executive Niall Crowley said it would be discriminatory to refuse someone a licence purely because were diabetic without taking into consideration their fitness to drive.

Last night a DPP spokesperson said said gardai could apply to the district court for a special disqualification order.

K2

I wonder why they didn't just charge him with dangerous driving? A fine, p/points and / or 1 year ban would have been enough, Alcoholics caught drink driving only get a two year ban for their first offence.

afaik its not one of the medical conditions specifically mentioned on the driving licence application form, but its been a few years since I last filled that in, so could be wrong.

seamus

Originally posted by K2
I wonder why they didn't just charge him with dangerous driving? A fine, p/points and / or 1 year ban would have been enough, Alcoholics caught drink driving only get a two year ban for their first offence.

It's very different thing. One trivial incident in 27 years of insulin dependency is good going IMO.

I believe a warning, with the threat of having his licence removed the next time would have been sufficient. He's diabetic, and the judge was wrong to be so harsh in discriminating against him. However, he does have a duty to himself, and to the general public to not drive if he feels unwell, or he believes he may suffer an hypoglycaemic attack. Exactly the same as we all have the same duty not to drive if we feel tired, sick or drowsy.

RampagingBadger

I think the ban is fine. I just wish they did the same to drunk drivers. If he had killed a few people I'm sure everyone would be baying for his blood. If you're unfit to drive, whether temporairly or otherwise, you shouldn't drive. Period. Sentances like that will serve as a lesson to everyone else. For the first time in a while I have the pleasure of saying "justice was served".