Charges against drowsy driver causing fatality? Manslaughter or criminally negligent homicide. Yes. Sleep disorders, no. Possibly vehicular homicide.

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1 Sleep AL 3.4 ( ) None. Sleep disorders, no d AK 3.4 ( ) No laws enacted, but can be charged under Alaska's Unsafe Driving Practices law. Reckless endangerment or reckless driving. Manslaughter or criminally negligent homicide. inattention 2) Fell asleep 3) Loss of consciousness AZ 3.4 ( ) No enacted laws, but drowsy driving can lead to charges under statutory provisions of reckless driving. Arizona revised statute A, reasonable and prudent speed. Possibly vehicular homicide. 1) Fell 2) Prescription drugs AR 3.9 ( ) 2013 law classifies fatigued driving as an offense under negligent homicidepunishable by a class A misdemeanorwhen the driver involved in a fatal accident has been without sleep for 24 consecutive hours. Careless driving. Manslaughter or criminally negligent homicide. 2) Fell 3) Seizure/ Blackout CA 4.8 ( ) None. Reckless Driving. Vehicular Manslaughter. 2) Fell 3) Seizure /Blackout CO 3.4 ( ) None. Careless driving. Careless volving death. 1) at the Wheel 2) Driver Fatigue CT 3.0 ( ) None. No specific violation on sleep or fatigue. Misconduct with a Motor Vehicle or Negligent Homicide. 1) Fell DE 2.8 ( ) No specific drowsy driving law, but Inattentive driving. Vehicular Homicide or Inattentive drowsy driving dealt with as a distracted driving driving. d /asleep 3) Under the influence of medications/ drugs/alcohol DC 2.6 ( ) No specific drowsy driving law, but Failure to pay full drowsy driving dealt with as a distracted time and attention. driving issue. Manslaughter, or murder 2. asleep FL 3.4 ( ) None. Careless driving Manslaughter. GA 4.1 ( ) Use negligence provisions in drowsy driving cases. Distracted driving 2nd Degree Vehicular Homicide. 2) Inattentive of current drowsy driving aspx 1 of 6

2 Sleep HI 5.7 ( ) None. Reckless driving. Homicide. ID 3.4 ( ) No specific drowsy driving laws, but an arrest on felony charges of vehicular assault or vehicular homicide could result from drowsy driving. Inattentive driving. Manslaughter. 3) Drowsy IL 2.9 ( ) No laws enacted, but can be charged under Illinois Unsafe Driving Practices Improper lane usage or failure to reduce speed to avoid a accident. Improper lane usage or failure to reduce speed to avoid a accident. 3) Drowsy IN 3.4 ( ) None. Reckless driving. Reckless driving or involuntary manslaughter. 1) Prescription Drugs 2) Driver or Fatigued IA 3.4 ( ) Use A careless driving for drowsy driving. Can lead to a reckless driving charge. Nothing. Sleep disorders, yes. 1), fainted, fatigued, etc 2) Under the influence of alcohol, drugs, medications KS 2.9 ( ) No specific drowsy driving law, but Failure to maintain drowsy driving dealt with as a distracted a single lane or driving issue. reckless driving. Anything up to vehicular manslaughter. 1) Fell 2) Inattention 3) Medication Present 4) Medication Contributed KY 3.4 ( ) None. No specific law. Charge could be anything from reckless driving to manslaughter depending upon the severity of the crash and other factors. No specific law. Charge could be anything from reckless driving to manslaughter depending upon the severity of the crash and other factors. 2) Fell 3) Inattention 4) Lost Consciousness /Fainted 5) Medication LA 3.8 ( ) None. Careless operation. Homicide. 1) Inattentive d 3) Apparently /Blackout ME 3.4 ( ) None. Sleep disorders, yes. (Sleep apnea, cataplexy and narcolepsy.) Inattention Distraction 3) Fatigued. of current drowsy driving aspx 2 of 6

3 Sleep MD 4.4 ( ) None. Negligent Driving. Manslaughter. Condition:. Circumstance: 1) Under infl. of medication 2) Fell asleep, fainted, etc. 3) Failed to give full time and attention MA 3.4 ( ) None. Negligent Driving Manslaughter. Yes junoir opperator manual. MI 3.5 ( ) None. Reckless Driving; Careless Driving Negligent Homicide or Manslaughter. 3) Medication MN 3.1 ( ) No specific drowsy driving laws, but can be charged under distracted driving Reckless Driving Negligent homicide Apparent Physical condition: 1) fatigued/ asleep Apparent Factors: inattention/ distraction MS 3.4 ( ) None. Reckless driving or Careless driving. 1) Homicide; all other killings. 2) Homicide; excusable homicide. 3) Penalties for intoxicated driving resulting in death 4) Grounds and procedure for revocation of licenses; suspension of license for noncompliance with order for support. 1) Fell / Fainted / Fatigue 2)Fatigued/ MO 3.3 ( ) No specific drowsy driving laws, but can be charged under distracted driving Careless and Imprudent driving. Involuntary manslaughter in the second degree Fatigue listed in probable factors. MT 2.9 ( ) No specific drowsy driving laws, but a person can be charged under distracted driving Careless driving, Negligent Homicide Reckless Driving, or Negligent Homicide disorders, yes (Narcolepsy). 1) Fell, Fainted, etc. 2) Inattentive Driving of current drowsy driving aspx 3 of 6

4 NE 2.9 ( ) No specific drowsy driving laws, but a person can be charged under distracted driving Careless/ reckless Driving. Motor Vehicle Homicide. Sleep medical condition (e.g. sleep apnea or narcolepsy) that may result in black outs, seizures, or fainting spells or anything that results in losing consciousness. Circumstances d Driver s Condition: 1) Fell asleep, fainted, fatigued, etc. 2) Under the influence of medications / drugs / alcohol. NV 3.0 ( ) No specific drowsy driving laws, but a person can be charged under distracted driving Most likely: failure to maintain lane, failure to obey a traffic control device, failure to use due caution, careless driving, etc. (no specific charge identified) Manslaughter if an act or omission that sleep disorders constitutes simple negligence cause the crash. Fatigued / 2) Driver Inattention / Distracted NH 2.9 ( ) No specific drowsy driving law. Drowsy driving dealt with as a distracted driving issue. Negligent Driving or Reckless Operation. Negligent Homicide. 1) Taking Medication 3) NJ 3.1 ( ) A driver that has been without sleep for 24 hours is considered to be driving recklessly, in the same class as an intoxicated driver. Reckless Driving Death by auto or vessel. Circumstances: Inattention Physical Status: 1) Medication 3) Fell. NM 3.0 ( ) None. Reckless Driving. sleep disorders Fatigue asleep listed as a apparent contributing factor NY 3.6 ( ) None. Reckless Driving (misdemeanor criminal offense). Special fatigue law for bus drivers. Same as for non fatality: Reckless Driving (misdemeanor criminal offense); special fatigue law for bus drivers. disorders, yes (Sleep apnea, narcolepsy and cataplexy.) NC 2.8 ( ) Uses negligence provisions. Reckless driving. Misdemeanor death in motor vehicle. disorders, yes (Sleep apnea, narcolepsy and cataplexy.) Inattention/ Distraction 2) Fatigued/Drowsy 3) Fell 4) Lost Consciousness 5) Prescription Medication Fatigue listed as a contributing circumstance of current drowsy driving aspx 4 of 6

5 Sleep ND 3.0 ( ) None. Reckless driving. Sleep disorders, yes (Narcolepsy.) Fatigue and asleep conditions OH 3.0 ( ) Uses negligence provisions. Failure to maintain control of automobile. Vehicular manslaughter or aggravated vehicular assault. Fatigue/ listed as contributing circumstances. OK 3.1 ( ) Uses negligence provisions. Failure to devote time and attention, probably failure to operate vehicle properly. OR 2.5 ( ) None. Negligence or Recklessness. Possible criminal charges. Negligent homicide and manslaughter. Negligence or Recklessness. Possible criminal charges. Fatigue/Drowsy factors Fatigue/ Drowsy factors PA 4.1 ( ) None. Charges would be at the discretion of the law enforcement officer. Charges would be at the discretion of law enforcement or a prosecutor. Fatigue and asleep condition RI 3.4 ( ) None. Fell, Fainted, and Fatigued listed under Physical Condition of Driver. SC 3.0 ( ) Uses distracted driving Driving too fast for conditions. Possibly reckless homicide 1) Distracted / inattention d/ 3) Medical Related SD 3.0 ( ) None. Careless or reckless driving. TN 2.5 ( ) None. Possibly Careless or Reckless Driving. Manslaughter. Vehicular homicide impaired, DUI sleep disorders sleep disorders /asleep 2) Drugsmedication Fatigued TX 6.1 ( ) None. Possibly Reckless Driving Possibly reckless homicide Sleep disorders, yes (Narcolepsy and sleep apnea.) Fatigued or of current drowsy driving aspx 5 of 6

6 UT 3.9 ( ) None. Improper lane travel, failure to maintain control of vehicle and possibly reckless driving. Negligent homicide Sleep Sleep disorders, yes. (Sleep apnea and narcolepsy.)* Fatigue VT 2.8 ( ) None. Traffic Violation or Negligent operation or grossly negligent negligent operation. operation with fatality resulting. sleep disorders Fatigued,. VA 3.4 ( ) None. Reckless Driving. Manslaughter. sleep disorders Driver distractions: fatigue 2) Daydreaming Condition of driver: asleep WA 3.4 ( ) No specific drowsy driving laws, but can be charged with vehicular assault or vehicular homicide. Reckless Driving. Vechicular Homicide. 2) Inattention 3) Apparently Fatigued WV 3.4 ( ) None. Failure to maintain control. Negligent homicide. 3) Medication WI 3.4 ( ) No specific drowsy driving laws, but can be charged under distracted driving Reckless Driving or Failing to Maintain Control. Homicide by Negligent Operation of Vehicle. sleep Driver Condition: 1) Reduced Alertness Driver Factors: 1) Inattentive Driving WY 3.9 ( ) Yes For commercial vehicles only. Failure to maintain a single lane. Vechicular manslaughter sleep 1) Fell, Fainted d 3) Under Influence of Medication of current drowsy driving aspx 6 of 6

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