N.J. Outlaws Drowsy Driving, Imposes Jail Time

CNN/Reuters ^ | Tuesday, August 5, 2003

[anymouse]

New Jersey Go. Jim McGee Tuesday signed into law a tough new public safety measure that would impose jail time and stiff fines on drivers who cause fatal accidents by falling asleep behind the wheel.

Known as "Maggie's Law" and described as the first legislation of its kind in the United States, the measure allows prosecutors to charge sleep-deprived drivers with vehicular homicide. The charge carries a maximum of 10 years in prison and a $150,000 fine.

[anymouse]

There goes the stock prices of No-Doze and coffee producers. :)

[longtermmemmory]

translation, LIE

[Reeses]

Democrats claim to be liberal yet it's always the Democrats who take liberty away at every opportune moment.

[appeal2]

So in other words it is now illegal to miss a night's sleep. Next thing you know, you'll be fined if you don't eat your veggies and tossed into jail for not showering.

[TheConservator]

I have sleep apnea. Sleep apnea occurs when the trachea collapses during sleep, shutting down the supply of air to the lungs, which in turn causes the sleeper to wake briefly. This can happen hundreds of times each night. Although the sleeper wakes some with each episode, he (it is mostly males who are affected) usually does not wake enough to remember doing so in the morning.

Most people who have sleep apnea do not realize it. They think they are getting sleep, but are extremely drowsy and prone to suddenly dropping off during the day--especially when doing something relatively boring and inactive like driving. I had it for several years before I realized I had a problem and got it diagnosed and addressed.

IMHO, a very significant percentage of daytime, falling asleep at the wheel accidents are caused by individuals suffering from undiagnosed sleep apnea.

This law sounds like it imposes criminal penalties upon individuals who do not know, and really cannot be expected to know, that they are at risk of falling asleep. If so, that is outrageous.

[At _War_With_Liberals]

"The American Automobile Association has estimated that 24 hours of sleep deprivation is equal to a blood-alcohol level of 0.1 percent -- the state's legal threshold for drunk-driving."

Logically, it then follows that having 6 drinks is equiv to not sleeping for 3 days.

They also determined that 5 apples are equal to one orange.

Being drowsy more than 15 feet from a bed is also now illegal.

[HiTech RedNeck]

There's no penalty unless you kill somebody in an at-fault accident. Even then, it sounds mostly like a fig leaf, because there is usually no proof of how long it has been since someone slept, and even if they could, how much sleep counts? 23 hours awake, an hour nap, then 23 more hours awake, doesn't sounds like a very wise plan, but it would avoid a penalty under this law.

[HiTech RedNeck]

There's no penalty unless you kill somebody in an at-fault accident. Even then, it sounds mostly like a fig leaf, because there is usually no proof of how long it has been since someone slept, and even if they could, how much sleep counts? 23 hours awake, an hour nap, then 23 more hours awake, doesn't sounds like a very wise plan, but it would avoid a penalty under this law.

[Sacajaweau]

And can someone tell me how you are going to PROVE that someone has been awake for 24 hours?? And once again, the goal is MONEY & LAWYER'S FEES.

[HiTech RedNeck]

One case where proof would be easy: the medical interns that traditionally go on hospital duty for 36-hour rotations. I hope they aren't treating anything much worse than colds after that first 8 hours.

[rmmcdaniell]

One case where proof would be easy: the medical interns that traditionally go on hospital duty for 36-hour rotations. I hope they aren't treating anything much worse than colds after that first 8 hours.

I don't know who I'd feel more sorry for, the interns or the patients. That sounds like a form of torture.

[185JHP]

It's been said that if it's at all possible you should avoid any hospital visits in June - that's when the new interns start.

[Kingasaurus]

"And can someone tell me how you are going to PROVE that someone has been awake for 24 hours??"

Not to mention the fact that there is nothing magical about the 24 hour number. I work many long hours and often find myself tired behind the wheel by necessity (though never been asleep at the wheel). I'm exhausted by the end of the week and I pray for the time for a quick nap, yet I am never up 24 hours in a row.

I'm sure these knuckleheads would consider me just as much a practical danger as someone who is up 24 hours straight, but they couldn't touch me under this law anyway.

[bobsatwork]

Who the F is "New Jersey Go. Jim McGee"?

[from occupied ga]

One case where proof would be easy: the medical interns that traditionally go on hospital duty for 36-hour rotations.

Actually the interns have it easier than the PGYII, III and higher residents

Residency = indentured servitude

[CygnusXI]

Seems consistent to me.

Drunk driving: Avoidable, you know you have been drinking, and it inmpairs your driving abilities.

Sleepy driving: Avoidable, you know you're short on sleep, and it impairs your ability to drive.

What's the fuss???

I harken back to my other post in some other thread a few weeks back. We need consistency in DUI/Driving laws. Why is DUI the ONLY big no-no. You can kill just as good by many other means of dumb-a** driving. I can't stand double standards/hypocrisy, and this law makes clear those double standards.

Just as all the anti-smoking zealots who hip-hip hoorayed the tobacco lawsuit-- only to cry FOUL when the vultures went after fast food... Hey what's good for the goose...

I'm not defending DUI-- or for that matter driving under-rested (DUR?), but again I say that there shouldn't be these blanket laws, but each case should be taken under it's own merits.

Should a person sitting at a red light who get's rear ended by some dude on a cell phone get a DUI because he had a .08-- even though he was not the cause of the accident??

Should a person who's fatigued get a DUR charge because he was found to be sleepy even though the accident was the fault of the un-sleepy other driver?

I really could care less if you're training monkeys in the back seat of your car while smoking crack and juggling while driving--- if YOU are not the cause of accidents, in other words you're driving fine, then so what!

However, if you do cause an accident you should be held liable and accountable for the seriousness of said crash/injury, and because you were juggling, drinking, or pulling nose hairs doesn't make a whit of difference to me. You are the responsible party, period.

[Wolfie]

C'mon, they called it "Maggie's Law", it had to pass.

[185JHP]

I once worked 48 hours without any sleep. I was looking at a light fixture, and I "saw" particles of light streaming out of the bulb. I knew at that time it was time to get some sleep. FReegards

[anymouse]

If we ban beer, only babies will have bottles. :)