Various medical emergencies can cause motorists in Georgia to drive recklessly. These medical incidents can also cause crashes. If you have received a traffic ticket due to one of these incidents, you might be wondering whether your medical condition represents a viable defense strategy. Are you really “guilty” of a traffic offense if you couldn’t control your body at the time of the violation? This is something you might want to discuss with an experienced traffic ticket lawyer in Georgia. 

The “Act of God” Defense for Traffic Violations in Georgia

Georgia recognizes something called the “Act of God” defense. When someone uses this defense, they argue that something caused them to lose control of their body or vehicle. Under this defense doctrine, drivers cannot be held liable for acts of God. 

A sudden medical emergency is an example of an act of God. If you experienced a medical emergency and you lost control of your vehicle as a result, you may be able to avoid consequences. 

Many medical emergencies may lead to this outcome. You might have epilepsy, and you may have had a seizure while driving. This may have caused you to crash your vehicle and injure other people. Perhaps you had a heart attack or stroke behind the wheel, and you lost consciousness before getting into an accident. In some cases, a medical emergency may allow you to legally break the speed limit if you are desperately trying to reach a nearby hospital. For example, you might have been rapidly losing blood due to a laceration or gunshot wound. 

You May Need to Present Evidence to Prove Your Medical Emergency

If you are serious about pursuing the act of God defense, you need to present compelling evidence for your medical emergency. For example, you may need to establish that you have been diagnosed with epilepsy if your crash was caused by a sudden seizure. Your medical records should reflect the likelihood of a sudden emergency behind the wheel. 

Note that if you were aware of your own medical condition but failed to take necessary precautionary measures before driving, you could be held liable for your actions, even if you were unconscious during the crash. For example, you might have forgotten to take your epilepsy medication before driving.

Note that the act of God defense only really makes sense if you are facing serious consequences. Examples include manslaughter and child endangerment. If you are facing a basic speeding ticket, your lawyer can help you implement easier defense strategies.  

Can a Traffic Ticket Lawyer in Georgia Help Me?

If your traffic ticket is the result of a legitimate medical emergency, you may be able to defend yourself with help from a traffic law attorney in Georgia. You may be able to fight your ticket with the Department of Motor Vehicles, and this could save you from various consequences. These consequences might include license suspensions, fines, and points on your license. To discuss your options in more detail, consider speaking with Lankford & Moore Law.