DUI Defender

Recently a terrible accident occurred in Santa Clara County. John Mayfield, a diabetic, suffered some sort of lapse from low glucose levels. Rapid and unpredictable swings in glucose, blood sugar, levels is one of the main aspects of diabetes. It is for this reason that responsible diabetics regularly monitor their food intake and their sugar levels. In order to keep a “normal” blood sugar level, they adjust their insulin according to some general guidelines. However, this is not an exact science.

By all accounts this is what Mr. Mayfield had done prior to his driving back in July. Unfortunately, and with no warning, his sugar level dropped and an accident ensued. Mr. Mayfield’s truck lost control, flipped over and exited the freeway. The vehicle then collided with another truck, they burst in to flames and the passengers in the other vehicle died. Obviously a horrendous accident.

BUT THAT IS WHAT IT WAS, AN ACCIDENT. Mr. Mayfield did not intend to go in to diabetic shock. He did not disregard the warning signs. He did not overindulge. He did what is responsible, and more importantly, WHAT WAS REQUIRED BY LAW.

You see, in California, and most every state, people with certain medical conditions, such as diabetes or epilepsy, which may lead to lapse of control, can only drive if a doctor indicates the condition is under control from medication, such as insulin, and is relatively unlikely to occur. Such as Mr. Mayfield. In fact, it is unclear if Mr. Mayfield had ever suffered a similar situation.

So Mr. Mayfield was left with a choice; drive without his taking insulin, which violates his medical protocol, or take the insulin as directed. He did the prudent act, took his medication after checking his levels. It was not enough, and despite his intelligent and responsible actions, the accident occurred.

Now the District Attorney wants to prosecute John for driving under the influence of drugs; the drug being his insulin. So John is damned for what he did. Of course, we can easily surmise that had John NOT taken the required medication he would be charged with a crime for that omission, damned if he didn’t.

Not every event in life, no matter how tragic, is a crime. Accidents happen despite the best intentions and precautions of all involved. The mere fact that a death or deaths occurred does not elevate the event from tragedy to manslaughter. Prosecuting John Mayfield is the definition of persecution.

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