Can John Bryson be Charged Criminally After Hit and Run from Possible Seizure?

Commerce Secretary John Bryson was involved with an L.A.-area car accident that left him injured and unconscious, according to a government report, possibly caused by a seizure.Source: www.businessweek.com

Retired Superior Court Judge Eugene Hyman of California says that if in fact he did have a seizure, he would not be guilty of a hit and run accident because he would not have been in control of his actions.  Reports indicate that no one was taken to a hospital, so it would be unusual to be charged with a hit and run without any substantial injuries.  Also, juries aren't likely to find felony injury unless someone has sustained a substantial injury, although case law supports a couple of stitches or a broken bone to merit felony treatment. 

Judge Hyman wonders if this was his first time or if he has a history of seizures.  Most states require that documents be filed with the motor vehicle department, as a person who has seizures should not be driving.  A license can be suspended if the seizures cannot be controlled or they can put certain controls on a driver's license.  That being said, if John Bryson had any restrictions or controls with his driver's license, he would be in violation of criminal law if he violated that, but this information has not yet been released.

Honorable Judge Eugene Hyman has received numerous awards and recognition for his work with families and children and has appeared on numerous television news shows.  For more information, visit www.judgehyman.com.  He is also a featured commentator on The Family Law Channel and The Legal Broadcast Network.