[article] The Diabetic Driver and the Judge.

mike65

This from the Indo

Prejudiced nanny state drives diabetics off the road


THE tale of the diabetic trucker who was banned for life from driving last week sent a shiver down my spine. As a diabetic, I took an personal interest in the case; more to the point, I know enough about diabetes to realise this is the nanny state stepping in to take control.

When Thomas McWeeney was found driving "on both sides of the road" in Mullingar last May, he was arrested on the not unreasonable suspicion that he was drunk. However, the doctor who examined him discovered he was suffering from hypoglycaemia, the low blood-sugar level that strikes an insulin-dependent diabetic who misses a meal. Thomas, it transpired, hadn't had his lunch.

Last Wednesday, Judge John F Neilan decided to protect the public from such irresponsible behaviour and banned Mr McWeeney for life. "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 announced.

Like Mr McWeeney, I've been diabetic for nearly 30 years. Like Mr McWeeney, and every other insulin-dependent diabetic on the planet, I have learned that my blood sugar goes up and down during the day. Unlike Mr McWeeney, I'd think it was suicidal to get behind the wheel of a car if I was suffering from a low blood sugar. Unlike Judge Neilan, I know my sugar levels can be monitored and controlled.

Perhaps Judge Neilan needs a lesson in diabetic management. Low blood sugar results from a variety of causes: taking exercise, missing a meal, or having a drink (alcohol lowers the blood sugar - hence the chips after the pub). Indeed, when my blood sugar plummets it's like being drunk - my hand-eye co-ordination is bad, my judgement of distances is poor, and my reaction time is much slower than normal. I have absurd conversations, catch my fingers in doors and bang into people on the street.

Obviously, driving in such a state would be very dangerous. Fortunately, there's a failsafe way to test what's going on - I prick my finger, draw a bead of blood onto a stick and insert it into a small electronic device.

If the reading is normal, as it usually is, I can forget about it for a few hours, or until I next eat, take exercise or sit behind the wheel of my car. If it's low, I eat a bag of sweets. Different people have different response times, but it takes me between 10 minutes and half an hour to return to a normal level.

Here's the point, Judge Neilan: a low blood sugar is not a permanent condition - it's transient. In fact, it's more transient than drunkenness, and drunk drivers don't lose their licence for life. It was Mr McWeeney's responsibility to test his blood sugar before getting behind the wheel, and he deserves to be penalised for driving when low - arguably, he deserves exactly the same penalty as someone who drives when drunk - but a life ban looks like an absurd overreaction.

Recently, in Australia, a man was cleared of murdering his wife because he'd had a low blood sugar at the time. That case may have sent a shiver down the spine of many a diabetic's spouse, but it was clear that the court had understood the man's condition: he walked free rather than being locked up for life, because his hypoglycaemia was a temporary state. Listen and learn, Judge Neilan.

Djinn Gallagher

Anyone else here think the Judge went beyond the bounds of resonable action? I wonder how many ppl have driven erraticly through fatigue got pulled over and
done for driving without due care and attention but nothing more. A lifetime ban is madness.

Mike.

therecklessone

Last Wednesday, Judge John F Neilan decided to protect the public from such irresponsible behaviour and banned Mr McWeeney for life. "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 announced.

Its a pity the judge and his colleagues seem reluctant to take such drastic action with drunk drivers...

What odds on hearing:

"I am not prepared to take responsibility for a mother or a father of a family being killed because Mr ******** forgets he drank 8 pints for lunch"

seamus

Also discussed here:
http://www.boards.ie/vbulletin/showthread.php?s=&threadid=138209