asleep at the wheel

[bigheadjackson]

What is the name of your state (only U.S. law)? Nevada

After a lengthy doctor visit at which time my blood pressure was exceptionally low and 3 vials of blood were taken for testing, I fell asleep while driving through a 25mph school zone. I was only 2 miles from home. Minimal damage to my car and to the Mercedes I bumped. The police report reads 'looked away while driving.' My fine is 640.00. Court date is Tues., 6-23.
I have another dr. appt. on Mon. 6-22 to get the results of the blood tests (they would not disclose the results on the phone). Here's the question: do I ask the dr. for some kind of statement concerning my bp and sleepiness to present to the court (w/o admitting culpability; I'm not blaming the dr. just trying to reduce the fine/points); do I admit at all that I fell asleep or stick with the 'duh, I looked away and went boom?' My problem of not sleeping due to night pain from 4 herniated discs is well documented. I take nothing but otc drugs and Tamadol; hence the blood tests. Thanks in advance, Kathy

[wyett717]

Someone will post regarding the legalities of the accident, but I have to say this... because of your known and documented medical issues, you are a danger behind the wheel! You are lucky no one was seriously injured.

[lealea1005]

Originally Posted by bigheadjackson

What is the name of your state (only U.S. law)? Nevada

After a lengthy doctor visit at which time my blood pressure was exceptionally low and 3 vials of blood were taken for testing, I fell asleep while driving through a 25mph school zone. I was only 2 miles from home. Minimal damage to my car and to the Mercedes I bumped. The police report reads 'looked away while driving.' My fine is 640.00. Court date is Tues., 6-23.
I have another dr. appt. on Mon. 6-22 to get the results of the blood tests (they would not disclose the results on the phone). Here's the question: do I ask the dr. for some kind of statement concerning my bp and sleepiness to present to the court (w/o admitting culpability; I'm not blaming the dr. just trying to reduce the fine/points); do I admit at all that I fell asleep or stick with the 'duh, I looked away and went boom?' My problem of not sleeping due to night pain from 4 herniated discs is well documented. I take nothing but otc drugs and Tamadol; hence the blood tests. Thanks in advance, Kathy

What you do mean by "exceptionally low"?

Three vials of blood is a minimal amount of blood loss (a total of between 1 and 2 tablespoons, depending upon the size of the vial, for all 3 vials). That minimal amount would not affect your blood pressure. Have you ever passed out or felt faint after a blood draw previously? Also, one of the common side effects of Tramodol is drowsiness.

I highly doubt your Doctor will give you a note stating your BP was very low and you were "sleepy" before he allowed you out of the office and behind the wheel.

Good luck.

[ecmst12]

Always tell the truth in court.

You should not have been driving in that condition. I think you are lucky to get off so easily, you could have killed someone! Suck it up and pay the fine.

[JETX]

Originally Posted by bigheadjackson

do I ask the dr. for some kind of statement concerning my bp and sleepiness to present to the court (w/o admitting culpability; I'm not blaming the dr. just trying to reduce the fine/points);

Of course, you can ask for anything you want.... but unless you can PROVE that the doctor made you drive, it is NOT the doctors fault and his 'note' will likely have no affect at your hearing/trial.

do I admit at all that I fell asleep or stick with the 'duh, I looked away and went boom?

Hmmmm... why not just tell the truth??

My problem of not sleeping due to night pain from 4 herniated discs is well documented.

Then YOU should have provided a safe way for you to get home.

Bottom line.... you are responsible for your own conduct. And KNOWING that you over-tired you should have had another driver.

[LSCAP]

If the OP is still around.

Low blood pressure does bring a sleep deprived condition. Sort of like the MILLIONS of people who drive to work in the early morning.
And Groggy from low blood pressure, or lack of sleep, you might not be aware of your lessened ability to drive.

The “looking away” ticket sounds like another way of saying ‘Fail to maintain control.’
Telling the court, ( the DA) about the unexpected sleep deprived condition caused by low blood pressure, might help. And is your best defense.

The officer did not see the accident, but some jurisdictions want to be sure that you had insurance, and admit you’re to blame. And insist that the officer write a ticket.

And yes, the doctor is NOT blamed . But can give you a letter about the low blood pressure. I would definitely ask for a note from the doctor.

[ecmst12]

The medical condition will NOT mitigate his responsibility for the accident.

Also, many people say "I fell asleep at the wheel" as the excuse when they were really driving drunk. So saying you fell asleep to someone that deals with accidents and tickets for a living probably isn't going to make anyone more sympathetic.

[LSCAP]

I gave out thousands of tickets.
I handled thousands of accidents.

Technically you might be right. I admit I don't know the law or courts in Nevada.

In NC, if there is a accident with injuries the cop gives a ticket, If he can find nothing else he gives 'Fail to maintain control'
In court the DA asks do you have insurance? You answer yes and show documentation. Case dismissed.

Happened to my son. Weather, and new oil slick asphalt was the cause. two tow trucks slid off the road.

[Wirelessany1]

Originally Posted by bigheadjackson

What is the name of your state (only U.S. law)? Nevada

After a lengthy doctor visit at which time my blood pressure was exceptionally low and 3 vials of blood were taken for testing, I fell asleep while driving through a 25mph school zone. I was only 2 miles from home. Minimal damage to my car and to the Mercedes I bumped. The police report reads 'looked away while driving.' My fine is 640.00. Court date is Tues., 6-23.
I have another dr. appt. on Mon. 6-22 to get the results of the blood tests (they would not disclose the results on the phone). Here's the question: do I ask the dr. for some kind of statement concerning my bp and sleepiness to present to the court (w/o admitting culpability; I'm not blaming the dr. just trying to reduce the fine/points); do I admit at all that I fell asleep or stick with the 'duh, I looked away and went boom?' My problem of not sleeping due to night pain from 4 herniated discs is well documented. I take nothing but otc drugs and Tamadol; hence the blood tests. Thanks in advance, Kathy

You should never have been behind the wheel of the vehicle in your condition. I certainly would not admit to passing out behind the wheel.

Please don't do that again, it could be my loved one you kill by accident next time.

[LSCAP]

I have a lousy tencency to be vague.

Was he aware that low pressure could make him drowsy? Even more, it can make him dizzy, confused, unable to see things clearly etc.

Early warning might be suddenly getting up from bed and being dizzy.

My reference to early morning drivers, was because I have, Occassionaly seen them wander all over the place, and they're not drunk. Just over tired and don't know it. IE, see them a few minutes later in McDs getting coffee.

AND I AGREE, they should stay off the road. They are too much like drunks, which I hate!