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Did I take enough measures to counteract the event that took place?
1. Yes 0%  0%  [ 0 ]
2. No 100%  100%  [ 6 ]
Total votes : 6

Fell asleep while driving yet safety measures were taken
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PostPosted: Sun Apr 07, 2013 8:30 pm 
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Joined: Sun Apr 07, 2013 8:11 pm
Posts: 2
Fell asleep while driving, hit a curb on the oncoming lane and ran a red light.
best part? this all happened in front of a cop!

Anyways, the story is exactly that- but there pre-story is that I in fact combated my fatigue by
1) Sleeping
2) Consuming an energy beverage

These acquisitions can be proven by my witnesses that were present.

I was the Designated Driver and I in fact had not been drinking at all (0.00 BAC)

I don't think that I should be charged for careless driving since I did take precautionary measures to prevent fatigue at the wheel. These methods have never failed me before, but I guess that day just wasn't a lucky day.

I have two options;
1. Meeting with a prosecutor (Will my charges be dismissed?)
2. Trial (How strong is my evidence?)

I don't want my Insurance to rise nor do I want to pay a hefty fee (490$)

I don't think I'm guilty for this misconduct, also, I don't remember going to sleep*
* My father has a history of blacking out [Actually had to get his license suspended for this] that may have been what happened- is this something I can rectify my trial with?

I uploaded my "Portfolio" which is what I will use as my evidence against the issue- here is the link: Portfolio.doc - 3.1 MB


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Re: Fell asleep while driving yet safety measures were taken
PostPosted: Sun Apr 07, 2013 9:58 pm 
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High Authority

Joined: Tue Feb 01, 2011 9:49 pm
Posts: 2110
Location: Ontario
I personally don’t think your defence would hold up in Court. Most of the relevant case law I’m familiar with states that a driver who falls asleep is not displaying the due care required to operate a motor vehicle. Drivers should be aware of their state of alertness and reasonably know if they’re able to safely operate a motor vehicle. You took some precautions, but at the same time that could also show the Court you were aware you were tired.

If you’re serious about present this defence, I’d suggest consulting with a paralegal who may be more familiar with case law and better able to present your defence to the Court. In regards to any type of medical defence, the onus would be on you to prove it and would likely require a doctor, etc. to testify on your behalf. Also beware, if you argue you have a medical condition that results in blackouts, your licence WILL be suspended for that very reason.

So to answer your questions:

1) Dismissed, no. Quite likely you’ll be offered a plea deal to a lesser offence.
2) Again, I’d consult with a paralegal if you’re serious about fighting the charge outright.


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Re: Fell asleep while driving yet safety measures were taken
PostPosted: Sun Apr 07, 2013 10:23 pm 
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Sr. Member

Joined: Wed Mar 30, 2011 1:08 pm
Posts: 536
Location: Ontario
I agree with Stanton. I read your portfolio and I think that it is mostly irrelevant. What is most relevant is what the officer saw and what statements you made to him, so request disclosure.


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Re: Fell asleep while driving yet safety measures were taken
PostPosted: Sun Apr 07, 2013 10:48 pm 
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Joined: Sun Apr 07, 2013 8:11 pm
Posts: 2
He saw the final act, which is the most important part. You're right, I thought it would be safe to give a back story, I do see it's irrelevance but I'm just stressing the importance of being the Designated Driver.

The state that I was in was not in a sleepy state at all though that's the issue.
After awaking from my nap, I was not tired. Especially after consuming the Red Bull. To the extent that my teeth were chattering from the surplus of caffeine.

I remember coming up to the intersaction
*BLANK*
"That's not the way to my house"
Hit curb
Cross light
Pulled over.

I don't remember the blank, and I rectified it as sleeping because I couldn't say anything else in the moment- it seemed to be the only plausible solution.


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