What Everybody Ought to Know about Drowsy Driving
Drowsy driving. Did you know that it’s in the same class as impaired driving? Or, that it’s also known as Maggie’s Law?
We’re guessing that nobody sets out to intentionally fall asleep behind the wheel. It happens for a variety of reasons. Someone was out partying with friends. Another person stayed at work for multiple shifts. It could just be a case of classic insomnia. Or, narcolepsy.
So, let’s go through the particulars of Maggie’s Law and how it came about.
New Jersey’s Drowsy Driving Statute
New Jersey’s Drowsy Driving Statute was passed in 2003. It is a part of N.J.S.A. 2C:11-5, which states that if a person is killed in an accident it :
….” constitutes vehicular homicide when it is caused by driving a vehicle or vessel recklessly. Proof that the defendant fell asleep while driving or was driving after having been without sleep for a period in excess of 24 consecutive hours may give rise to an inference that the defendant was driving recklessly.”
New Jersey was the first state to put a drowsy driving law into effect. It was done with the lobbying efforts of Carol McDonnell, who lost her young daughter Maggie in an accident. Maggie was killed when a man who was up thirty hours the night before struck her car head-on. (Although he had used crack cocaine the night before, he was not intoxicated at the time of the accident.)
News reports indicate that the driver of the Walmart truck in the Tracy Morgan case may also have faced charges under the drowsy driving law.
Driving While Sleepy is An Issue
It isn’t just that drivers fall asleep at the wheel. It’s easy to make mistakes in judgment. Serious ones.
The National Highway Safety Traffic Administration reports that more than 7,000 deaths are attributable nationally to drowsy driving. Unfortunately, those most at risk are young male drivers.
Contact Us
If you have received a citation for drowsy driving, you need experienced legal representation. Contact us at the Law Offices of Beninato & Matrafaljo to discuss your case.