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One Viewer Calls to Attention:
"Drowsy Driver Gets Five-Year Sentence," an article in the Washington Post (September 19, 1997, p.1). To summarize:
A drowsy driver crossed a double yellow line, causing another driver to lose control and strike another vehicle, killing two people. He drove on, stopped a moment to talk to another motorist following him and left the impression he would return, but didn't and later claimed he was unaware of having caused so serious an accident. Afterwards, he was diagnosed as having sleep apnea and started treatment with CPAP. He referred to this in asking for mitigation of his sentence, but the judge instead exceeded state guidelines recommending a maximum of six months in jail, and sentenced him to five years "to send a message." The American Automobile Association supported this decision, which ran counter to a decision two years ago to drop criminal charges against a truck driver who fell asleep at the wheel, killing four people, but later proved to have sleep apnea. It is worth noting that, in the more recent case, the driver had a few months prior pleaded guilty to charges of reckless driving and hit-and-run related to a previous accident.
The harshness of the punishment causes alarm in many people afflicted with sleep apnea. Naturally, they may object, since the illness is "not one's fault" in the sense that drunk driving may be.
One could wish for more details about this case. However, unless one of our audience can contribute additional information, this is probably all we have to go by.
As public awareness increases about the importance of drowsiness in causing accidents, we can expect that any identifiable cause of drowsiness--whether it be sleep apnea, narcolepsy, medications, or even just sleep deprivation--will be taken as an indication that the individual should not attempt to drive, just as someone intoxicated with alcohol should not drive. Choosing to drive under those conditions will then become the individual's responibility, not an excuse for an accident or for ill-judged actions after the accident.
The element of a recurrent incident complicates this case. Another complication is the defendant's acknowledging awareness of the accident, promising to return, then failing to do so. Certainly sleep apnea can impair judgment--as can all the other causes of drowsiness mentioned above.
Once, as a member of the Massachusetts Psychiatric Society's Legal Committee, I proposed that the Committee should outline an approach to the patient who, due to mental illness or psychiatric medications, posed a danger behind the wheel. The Committee felt there was no way psychiatrists could make that judgment. However, one of the clearer warning signs is the occurrence of an initial accident, and it seems likely that individuals—both patients and doctors—may be held responsible for failure to consider the probable cause of the accident and take action to remedy it, before a second more serious accident occurs.
Anybody with excessive daytime sleepiness which affects their driving--and how can a person with EDS who drives be sure it doesn't?--must have this evaluated, at least by a primary care physician, whatever the cause, and remedied if possible, at least if the intention is to continue driving--and how many can give that up without, at the least, much inconvenience? In short, EDS is a symptom that must be dealt with, by doctors as well as patients, for public as well as personal safety, and legal as well as medical reasons.
I found out after a year of falling asleep at the office, and worse, falling asleep at the wheel while driving to and from work, that I have a severe case of obstructive sleep apnea. Only by the grace of God did I survive the drive to and from work. I resorted to screaming, slapping my face, sticking my head out the window, changing positions constantlly and I still would doze off, and the round buttons on the road would wake me.
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I have been on a c-pap machine at 9cms of water for 10 days and what a difference in my life. Major changes of all kinds for the betterwhat a difference in my life. Major changes of all kinds for the better have taken place. If anyone suspects they may have this, by all means see your doctor. I share my experiences with this in hopes it will help others.
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