Man given two-year sentence for fatal crash

Tigger

http://www.rte.ie/news/2016/0510/787419-anthony-handley-olivia-dunne/

Judge Pat McCartan said he had to send out a message to the community that driver fatigue was a phenomenon that had to be in the minds of all drivers and must be reacted to when recognised.

Seems very harsh, and that he is being made an example of

colm_mcm

No room in the jails for proper scrotebags with 57 previous convictions who will be guaranteed to reoffend though.

biko

Seems pretty reasonable to me considering he was assessed as having driver fatigue and killed a mother and harmed a baby because of this.

A man who caused the death of a young mother and seriously injured her baby when he fell asleep at the wheel and lost control of his car has been jailed for two years.

It is estimated that driver fatigue is a contributory factor in as many as 1 in 5 driver deaths in Ireland every year.
Furthermore, tiredness-related collisions are 3 times more likely to be fatal or result in a serious injury because of the high impact speed and lack of avoiding action

savagethegoat

I bet the Lady's husband and family don't think it's harsh

colm_mcm

You would have to ask the question though, what good will putting this guy in jail do?
Surely someone being killed as a result of driver fatigue is enough of an advertisement to the population for not falling asleep, I don't believe anyone will think "jeez remember that guy that got 2 years, better not doze off and kill someone"

That's not to take away from the value of the victims life or anything, just the prison spaces could be better filled than this when there are criminals going in and out of court every few weeks safe in the knowledge that the prison service is so overcrowded that they haven't a hope of seeing the inside of a prison unless they get caught for no tv licence.

gctest50

This is probably one main reason :

He told gardaí he had four hours sleep the night before but this was not unusual for him and he did not feel tired on the day.

He had been to the gym the previous evening, had gone to bed after 12am and got up at 5 am and went back to the gym for a spinning class.

JustTheOne

Hold on?

What sentence that fella who drank a litre of vodka consumed cocaine and then ran down that poor young girl a few weeks ago get?

colm_mcm

7 years with 2 suspended IIRC

Titzon Toast

I live about two minutes from where that happened, I don't believe that microsleep story, that road is not straight at all, how could you fall asleep in such a place.
The sentence given was far too short if you ask me.

Tigger

Titzon Toast wrote: »

I live about two minutes from where that happened, I don't believe that microsleep story, that road is not straight at all, how could you fall asleep in such a place.
The sentence given was far too short if you ask me.

ok two questions,
whats your alternative theory?
should a person not be sentenced on the conviction

gctest50

Titzon Toast wrote: »

I live about two minutes from where that happened, I don't believe that microsleep story, that road is not straight at all, how could you fall asleep in such a place.
The sentence given was far too short if you ask me.

you don't fall asleep, more like a toy robot or something when the batteries run out


http://i.imgur.com/5xqebTN.jpg

“Someone could be clinically asleep, in a light sleep, and you could ask them ‘Are you asleep?’ and they’ll answer you ‘No, I’m awake’ but if you ask them to tell you what was just on the radio or TV in the background, they won’t be able to tell you,” says Professor Lack


http://www.rms.nsw.gov.au/geared/your_driving_skills/staying_safe/freaky_sleep.html

alan partridge aha

Ridiculously harsh judgement IMO.

Cd82

Titzon Toast wrote: »

I live about two minutes from where that happened, I don't believe that microsleep story, that road is not straight at all, how could you fall asleep in such a place.
The sentence given was far too short if you ask me.

Fully agree..

wonski

Titzon Toast wrote: »

I live about two minutes from where that happened, I don't believe that microsleep story, that road is not straight at all, how could you fall asleep in such a place.
The sentence given was far too short if you ask me.

People do fall asleep, and when it happens behind the wheel it is something you can't predict.

Fatigue or falling asleep is not a criminal act, and as such should not be punished severely.

Many people don't sleep as much as they should due to family or work circumstances, night workers getting kids up to school while the other half is getting ready for work etc.

Do you think 5 years in jail would be better as punishment as the person would be more likely to sleep properly for the next five years or what?

I doubt I would have any sleep in first few weeks when united with our greatest part of society locked up with thieves, murderers etc .

stoneill

I don't think this judgement was too harsh, but it does highlight how lenient a lot of other sentences are.

Liam McPoyle

It's harsh in that he was not under the influence of anything nor was he speeding however at the end of the day a child is growing up without her mother, a husband lost his wife, a family lost their daughter / sister because of his actions.

The driver has to carry that with him for the rest of his life which is crueler than any custodial sentence. I'd imagine the judge is making an example of him, if you get behind the wheel of a car while tired then the consequences are on your own head.

frostyjacks

Extremely soft sentence for taking a life, and causing injuries to the baby that she still suffers from.

Cabaal

colm_mcm wrote: »

I don't believe anyone will think "jeez remember that guy that got 2 years, better not doze off and kill someone"

No they obviously won't think exactly that, but they very well might think its not worth the chance that they drive tired.

Once I drove when very tired, I personally wouldn't and haven't done so since.
I simply won't take the chance as its not worth risking my life or others and now I always ensure I take action so I won't end up in the same situation again.

Sleeper12

No drink, no drugs & not speeding. Then his age, he's not a boy racer.

I don't see how he got any sentence at all. Having to live knowing you caused a death is sentence enough for some

Very sad for both families

Cabaal

So people are unhappy about the jail term of two years (which I'd be surprised if he fully serves), do they even accept the 10 year driving ban is acceptable?

almostover

I'd wonder what people reaction and the sentencing would be if this accident were caused by a mother who was fatigued after spending all night awake tending to a sick child and then crashed due to fatigue on the school run the following morning. I think the judgement here is very harsh and the prison term likely to be suspended on appeal. Anyone remember this case? http://www.independent.ie/irish-news/courts/mothers-pain-as-drinkdrive-rugby-star-escapes-jail-term-26535609.html

A man kills a teenager while drunk driving and escapes jail? Unfathomable really isn't it. Driving drunk or under the influence of alcohol is blatantly negligent. If you should kill someone as a result of drink driving the conviction should be far more punitive than if you're fatigued.

I think this ruling is plain stupid. An older gentleman was tired at the wheel and killed this poor woman. By all means a driving ban and compensation to the family of the bereaved is in order but what purpose does a prison sentence serve? The man made a poor judgement call and probably should have given his morning gym session a skip but he did not make a purposely dangerous decision like drink driving or driving at 208 kph. Driving when fatigued is dangerous and should be avoided when driving is not necessary but we don't live in an ideal world and the necessity will arise for us all at some stage where we have to make a car journey in a less than rested state. This ruling sets a dangerous precedent in my opinion.

Cabaal

almostover wrote: »

Driving when fatigued is dangerous and should be avoided when driving is not necessary but we don't live in an ideal world and the necessity will arise for us all at some stage where we have to make a car journey in a less than rested state. This ruling sets a dangerous precedent in my opinion.

Nonsense,
Thats the same type of argument used by drink drivers for years, that they needed to get home etc and that we don't live in an ideal world and people need to have social lives etc.

Abit of planning and you can avoid driving while very tired,

I'm unsure how it sets a dangerous precedent, all its setting is expecting people to take personal responsibility for their actions and deaths that occur from those actions.

Had he taken a break, drank a coffee, tried to get a little rest etc this needless death could very well be avoided.

The sentence is asking people to think before they set out on journeys, thats not alot to ask.

Wibbs

gctest50 wrote: »

you don't fall asleep, more like a toy robot or something when the batteries run out

Exactly. I have stupidly done this myself once. Arrived at the destination with zero recollection of the previous twenty odd miles of country roads night driving, including brief snippets of conversation with my passenger(who ironically assumed my brevity was down to concentration). I only "woke up" when I hit the lights of the town I was aiming for. I remember the sensation was very like waking up too. I had basically driven by learned behaviour and reflex action.

Now I didn't set out to do this. I had actually and deliberately got a good night's sleep the previous night, but had been pulling all nighters before then and they caught up with me

Cabaal wrote: »

So people are unhappy about the jail term of two years (which I'd be surprised if he fully serves), do they even accept the 10 year driving ban is acceptable?

I doubt anyone takes issue with the ten year ban. I suspect they don't take issue with the two year gaol term itself, more that they do take issue with the fact that barely a week goes by when a career scumbag with a rogues roster of previous convictions walks free of our court system. I'd not be surprised to find the same judge has been responsible for that kinda thing.

Mellor

colm_mcm wrote: »

You would have to ask the question though, what good will putting this guy in jail do?
Surely someone being killed as a result of driver fatigue is enough of an advertisement to the population for not falling asleep, I don't believe anyone will think "jeez remember that guy that got 2 years, better not doze off and kill someone"

You think somebody being killed is enough of a disincentive to drive while fatigued?
If that were true, we've never have to worry about speeding or drink driving.

El_Duderino 09

colm_mcm wrote:

You would have to ask the question though, what good will putting this guy in jail do? Surely someone being killed as a result of driver fatigue is enough of an advertisement to the population for not falling asleep, I don't believe anyone will think "jeez remember that guy that got 2 years, better not doze off and kill someone"

Precisely this. If the guy has any social conscience, he will feel the shame, guilt and embarrassment and social ostracism of killing someone needlessly, by falling asleep whilst driving. Being sent to prison will probably be the least part of his punishment.

Why not use him to spread the word to other normal people who might risk driving whilst tyred rather than locking him away and getting 2 days of headlines?

Jakey Rolling

frostyjacks wrote: »

Extremely soft sentence for taking a life, and causing injuries to the baby that she still suffers from.

The thing is, the judge should be sentencing according to the action (intent to harm, willful negligence, careless or dangerous driving etc) NOT according to the outcome, which sadly in this case was the death of an innocent party.

Say he had fallen asleep and crashed into a ditch - no harm done, damage only to his vehicle. Still 2 years in jail?

If instead he had crashed into a bus stop, killing 10 people, should the sentence have been 20 years?

There was a case in England in 2001 , where it appears the guy fell asleep and veered off the road onto the railway line, causing a derailment and 10 deaths. He was convicted of causing "death by dangerous driving", probably because he initially claimed mechanical failure, but only given 5 years sentence.

I work shift and do feel extremely tired after some nights driving home, I suppose I should quit my job and go on the Dole ? Or move closer to work ? well that's not possible.

Add to that a 2 year old and a 4 month old who regularly wake up at night and sometimes take hours to go back asleep or one wakes crying and wakes the other. This is life I'm afraid and we all can't avoid fatigue.

Now perhaps the man should have got more sleep that night instead of just 4 hrs, especially if it's regular as he claimed. But for me and many more people fatigue is unavoidable.

If this was a Nurse driving home, a mother also and killed someone, I bet she wouldn't get a sentence let alone a 10 year driving ban, that's just ridiculous.

I have thought about this many times, and I don't think I could pull in on the shoulder for 8 hrs kip to avoid fatigue, then I'd be home for 3 hrs and back out again. It's also dangerous to be parked on the shoulder.

My heart goes out to the Women and her baby and to their family but this sentence was in my opinion extreme not to mention the 10 year ban.

cson

Viewed in the context of the sentencing regime in operation at present in this country then yes it is extremely harsh.

Taken on its own; it's arguably right if you think a custodial sentence is appropriate for the negligence. Personally I'd prefer to have the man (a) serve community service for a period and (b) pay restitution to the family - ideally you'd like to see that the child was taken care of up to College age.

cson

Wibbs wrote: »

I doubt anyone takes issue with the ten year ban. I suspect they don't take issue with the two year gaol term itself, more that they do take issue with the fact that barely a week goes by when a career scumbag with a rogues roster of previous convictions walks free of our court system. I'd not be surprised to find the same judge has been responsible for that kinda thing.

Exactly; its harsh lined up against the career scumbags who get off scott free time and time again.

There really does appear to be one rule for the general public and one rule for those from 'disadvantaged' backgrounds.

cson

cson wrote: »

There really does appear to be one rule for the general public and one rule for those from 'disadvantaged' backgrounds.

And no form of punishment at all for white collar criminals !!!!

Why do people think it's people from less well of backgrounds who commit crime ?

TonyStark

Saul T Nutzz wrote: »

The driver has to carry that with him for the rest of his life which is crueler than any custodial sentence. I'd imagine the judge is making an example of him, if you get behind the wheel of a car while tired then the consequences are on your own head.

Not everyone is blessed with the same degree of empathy towards others or affected by feelings of guilt. You'd be surprised how people can get over things like that.

TonyStark

Deleted User wrote: »

I work shift and do feel extremely tired after some nights driving home, I suppose I should quit my job and go on the Dole ? Or move closer to work ? well that's not possible.

Add to that a 2 year old and a 4 month old who regularly wake up at night and sometimes take hours to go back asleep or one wakes crying and wakes the other. This is life I'm afraid and we all can't avoid fatigue.

Now perhaps the man should have got more sleep that night instead of just 4 hrs, especially if it's regular as he claimed. But for me and many more people fatigue is unavoidable.

If this was a Nurse driving home, a mother also and killed someone, I bet she wouldn't get a sentence let alone a 10 year driving ban, that's just ridiculous.

I have thought about this many times, and I don't think I could pull in on the shoulder for 8 hrs kip to avoid fatigue, then I'd be home for 3 hrs and back out again. It's also dangerous to be parked on the shoulder.

My heart goes out to the Women and her baby and to their family but this sentence was in my opinion extreme not to mention the 10 year ban.

Well according to the RSA this is what you should do if feeling tired and drowsy. I don't think that anyone expects you to park up for eight hours. I don't think that a 15 minute nap is a big ask.

• Stop, park in a safe place and take a nap for 15 minutes (set your mobile phone alarm). This is the most important tactic.
• To really make the most of the break, take a caffeine drink before the nap (150mg of caffeine e.g. 2 cups of coffee). After the nap, the caffeine should have started to take effect.
• Then get some fresh air and stretch your legs for a few minutes.
• By following all of the above advice you should be able to drive for another hour or so.

I've seen another case where a guy using his mobile phone ploughed into an oncoming car killing the woman driving it. He was sentenced to 3 years and banned for 10 years. So i don't think think that this chap's sentence was especially severe.

goz83

Tragic for both sides. I remember reading about this very accident and only thought about it 2 weeks ago when driving through Balbriggan. Only last night, I insisted on driving my wife into college to collect a book because she was tired and it was raining. Not a good idea to drive in that state, or in those conditions. Prayers to the lot of them.

cson

Deleted User wrote: »

And no form of punishment at all for white collar criminals !!!!

Why do people think it's people from less well of backgrounds who commit crime ?

How about your man who went down for 7 years for fraudulently mislabelling garlic?

the.red.baron

cson wrote: »

How about your man who went down for 7 years for fraudulently mislabelling garlic?

While I don't agree that 2 years is harsh given he won't serve two years anyway, it's just like the garlic sentence.

The system is built to encourage appeals, more work for the boys. There is no accountability on sentencing.

Look at judge Martin Nolan.

The garlic guy was reduced to 2 years on a appeal and he served less than 1 after being released early.

almostover

TonyStark wrote: »

Deleted User wrote: »

I work shift and do feel extremely tired after some nights driving home, I suppose I should quit my job and go on the Dole ? Or move closer to work ? well that's not possible.

Add to that a 2 year old and a 4 month old who regularly wake up at night and sometimes take hours to go back asleep or one wakes crying and wakes the other. This is life I'm afraid and we all can't avoid fatigue.

Now perhaps the man should have got more sleep that night instead of just 4 hrs, especially if it's regular as he claimed. But for me and many more people fatigue is unavoidable.

If this was a Nurse driving home, a mother also and killed someone, I bet she wouldn't get a sentence let alone a 10 year driving ban, that's just ridiculous.

I have thought about this many times, and I don't think I could pull in on the shoulder for 8 hrs kip to avoid fatigue, then I'd be home for 3 hrs and back out again. It's also dangerous to be parked on the shoulder.

My heart goes out to the Women and her baby and to their family but this sentence was in my opinion extreme not to mention the 10 year ban.

Well according to the RSA this is what you should do if feeling tired and drowsy. I don't think that anyone expects you to park up for eight hours. I don't think that a 15 minute nap is a big ask.

• Stop, park in a safe place and take a nap for 15 minutes (set your mobile phone alarm). This is the most important tactic.
• To really make the most of the break, take a caffeine drink before the nap (150mg of caffeine e.g. 2 cups of coffee). After the nap, the caffeine should have started to take effect.
• Then get some fresh air and stretch your legs for a few minutes.
• By following all of the above advice you should be able to drive for another hour or so.

I've seen another case where a guy using his mobile phone ploughed into an oncoming car killing the woman driving it. He was sentenced to 3 years and banned for 10 years. So i don't think think that this chap's sentence was especially severe.

There's a huge difference between using you mobile while driving and driving while tired. Driving while using a mobile is illegal and there is simply no excuse for it. You either pull over to use it or wait until you have reached you destination. Same goes for drink driving, you just don't do it. However, tiredness is impossible to quantify and people are going to have to drive while being some degree of tired at one time or another.

Case in point: Let's hypothetically say I had a young baby who is teething at present. The child wakes multiple times during the night and I have to tend to him. I have to be up at 6am for a 1hr commute to work. I go to bed at 10pm to get my 8 hours sleep. I end up getting about 4 hours sleep as the child is waking often due to the pain of teething. I'm going to be tired every morning that week operating a car on 4 hours sleep and there is nothing I can do about it other than try to go to bed earlier but I'll still be operating on reduced sleep. I have to go to work to pay my bills and earn a living, I have to drive there because I live in the countryside. Despite all this there are still no excuses for me to be on my phone while driving to work or to be under the influence of alcohol while behind the wheel. Can you see now why driving tired is so different to driving while on the phone/drunk/speeding excessively? The fact that you can't quantify tiredness like you can with blood alcohol level makes it near impossible to police and is why the sentence in this case is unduly harsh. A driving ban, compensation to the family and some community service would be more than sufficient. Jailing the man serves nobody. Perhaps if that community service was to include promoting the dangers of driving when fatigued society would be better served? I'm not excusing driving while tired by any means. if it can be avoided then by all means it should be but this isn't a black and white scenario like driving while on the phone or drink driving.

frozenfrozen

Maybe if the sentence was being in an awareness campaign like doing community service where he goes around and tells people he killed someone though tiredness

but to be in jail.. jail should be for rehabilitating people and keeping them away from the rest of society.. he has a driving ban so how is he a danger to society any more.. and he'll have 10 years to think about never driving tired again. And at his age he could never drive again

almostover

almostover wrote: »

Case in point: Let's hypothetically say I had a young baby who is teething at present. The child wakes multiple times during the night and I have to tend to him. I have to be up at 6am for a 1hr commute to work. I go to bed at 10pm to get my 8 hours sleep. I end up getting about 4 hours sleep as the child is waking often due to the pain of teething. I'm going to be tired every morning that week operating a car on 4 hours sleep and there is nothing I can do about it other than try to go to bed earlier but I'll still be operating on reduced sleep. I have to go to work to pay my bills and earn a living, I have to drive there because I live in the countryside. Despite all this there are still no excuses for me to be on my phone while driving to work or to be under the influence of alcohol while behind the wheel. Can you see now why driving tired is so different to driving while on the phone/drunk/speeding excessively? The fact that you can't quantify tiredness like you can with blood alcohol level makes it near impossible to police and is why the sentence in this case is unduly harsh. A driving ban, compensation to the family and some community service would be more than sufficient. Jailing the man serves nobody. Perhaps if that community service was to include promoting the dangers of driving when fatigued society would be better served? I'm not excusing driving while tired by any means. if it can be avoided then by all means it should be but this isn't a black and white scenario like driving while on the phone or drink driving.

Exactly, and I've to work 12 hrs days/nights with a 1 hr commute each way but some people here will say, take a break, drink coffee and you'll be grand !

I got a 2 year old and a 4 month old and sometimes they both wake at night, and the 2 year old in particular has woken most nights of the week for the last 2 years !

But oh yeah , take a break, pull in, simple as that .......

Jesus.

almostover wrote: »

There's a huge difference between using you mobile while driving and driving while tired.

Yes. The former - in many cases - could be totally safe, the latter lethal.

almostover wrote: »

Case in point: Let's hypothetically say I had a young baby who is teething at present. The child wakes multiple times during the night and I have to tend to him. I have to be up at 6am for a 1hr commute to work. I go to bed at 10pm to get my 8 hours sleep. I end up getting about 4 hours sleep as the child is waking often due to the pain of teething. I'm going to be tired every morning that week operating a car on 4 hours sleep and there is nothing I can do about it other than try to go to bed earlier but I'll still be operating on reduced sleep. I have to go to work to pay my bills and earn a living, I have to drive there because I live in the countryside. Despite all this there are still no excuses for me to be on my phone while driving to work or to be under the influence of alcohol while behind the wheel. Can you see now why driving tired is so different to driving while on the phone/drunk/speeding excessively?

No. You're excusing your own circumstances while picking on others. Its not my fault if you have a child crying in the night. Your responsibility.

frostyjacks

Man has to accept responsibility for his actions. This wasn't an accident. If you knowingly get behind the wheel of a car while under the influence of drink or drugs, or simply dog-tired, then you have to accept the consequences. Two years, he'll be out in half the time to carry on with his life. Will the victim's family be over this in 12 months time? Not a hope. He should be grateful for such leniency.

Dr_Bill

There seems to be an underlying current on this forum that going to jail for motoring offences is unreasonable. People need to take responsibility for their actions and be prepared to accept the penalties when they commit an offence.

TonyStark

TonyStark wrote: »

Well according to the RSA this is what you should do if feeling tired and drowsy. I don't think that anyone expects you to park up for eight hours. I don't think that a 15 minute nap is a big ask.

• Stop, park in a safe place and take a nap for 15 minutes (set your mobile phone alarm). This is the most important tactic.
• To really make the most of the break, take a caffeine drink before the nap (150mg of caffeine e.g. 2 cups of coffee). After the nap, the caffeine should have started to take effect.
• Then get some fresh air and stretch your legs for a few minutes.
• By following all of the above advice you should be able to drive for another hour or so.

Simple as that eah ? well when you work shifts, have a 2 year old who has woken most nights of the week for 2 years and a 4 month old usually woken by the 2 year old you think pulling in for 15 mins makes a difference ?

Next people will say, "call in sick" ! Quit work.

I've done the 15 min break thing, taken the coffee and it doesn't work when you're wrecked.

Easy to judge when you're not in the same/similar situation.

Allinall

Deleted User wrote: »

Simple as that eah ? well when you work shifts, have a 2 year old who has woken most nights of the week for 2 years and a 4 month old usually woken by the 2 year old you think pulling in for 15 mins makes a difference ?

Next people will say, "call in sick" ! Quit work.

I've done the 15 min break thing, taken the coffee and it doesn't work when you're wrecked.

Easy to judge when you're not in the same/similar situation.

I'd be curious to know what you think would be a suitable punishment if you were to kill someone whilst driving while "wrecked"?

almostover

I'm pretty tired right now. Drove 1 hour last night to attend GAA training after work, trained hard for another 1.5 hours and drove back to the city where I live. Got a decent sleep but feel tired. Are people suggesting I need to go to sleep at work before I make my way home? By all means people should go to jail for death caused by drink driving and mobile phone usage while driving but tiredness can be unavoidable. I posted a link here to the Eddie Halvey incident. the judge in that case made a terrible ruling too giving him a suspended sentence when he was clearly drunk behind the wheel, proven irrefutably by his blood alcohol level being twice the legal limit. Tiredness is a grey area though and that should have been recognized in this case.

Dr_Bill

Dr_Bill wrote: »

There seems to be an underlying current on this forum that going to jail for motoring offences is unreasonable. People need to take responsibility for their actions and be prepared to accept the penalties when they commit an offence.

A motoring offence due to blatant disregard for your safety or the safety of others is one thing but fatigue is something that you can't always avoid and have to get on with life.

Tragedies happen but some cases are a lot worse than others, you could argue that this man could have simply got more than 4 hours of sleep, for someone woken up by a baby for hours every night and having to get up for work is unavoidable.

If every driver was to stop due to tiredness then there would be very few drivers on the road.

Question is, how many people here have driven while tired but not realise how tired they actually are !

goz83

Deleted User wrote: »

Question is, how many people here have driven while tired but not realise how tired they actually are !

I drove Dublin to Sweden via the UK without stop offs (with the exception of food and toilet breaks) and with a friend to switch with. A fantastic drive, but by the time I reached the bridge at Copenhagen, I had driven a longer shift than I should have and I felt the tired kick in really quickly as I started to veer toward the side of the road. I pulled in immediately and had my friend drive the last hour, or two. It could have been a nasty accident had I not reacted sensibly (eventually) by waking my friend. While stopping on the bridge wasn't the safest place to be....it was a lot safer than trying to cross it myself in that state.

On the way home, I made a lot more stops and took naps where possible.

Zubeneschamali

On the plus side, this lad will be able to catch up with his sleep over the next year or so.

goz83

Zubeneschamali wrote: »

On the plus side, this lad will be able to catch up with his sleep over the next year or so.

This isn't After Hours bud. Poor taste

bear1

Zubeneschamali wrote: »

On the plus side, this lad will be able to catch up with his sleep over the next year or so.

Jesus.

kirving

Has anyone here, ever, woken up on the couch after not meaning to fall asleep. No doubt it's happened to everyone at some point.

It's a very devisive issue, if you knew the victim - then the driver should be punished. If you knew the driver - then it's a tiny mistake with big consequences. The truth is somewhere in between, but I think it's fair to say that putting this guy wasn't driving in a knowingly wreckless manner beforehand, and putting him in prison is not going to ensure he stays awake in future.

All it takes is a Judge that isn't out to earn some brownie points, that will use his/her position to pass judgement based on the facts and not emotion or making an example because making and example is poor judgement in my opinion and isn't a fit sentence for the so called crime here.

If the Man had slept more then this is something within his control and was he going somewhere which was beyond his control ? then if not I would say the sentence could probably be just.

But if someone is driving to/from work and through circumstances beyond their control such as not sleeping well due to working shift or being tired from working nights , and/or have small Children that are sick or wake up several times a night or someone who is caring for an elderly relative all this is circumstances beyond control and unavoidable.

I would hope a Judge would look at the evidence to say if this was indeed beyond control or could the person really pull in and stop or would it even make a difference.

If I were to stop every time I'm very tired then I'd spend half my working life or commute on the side of the road and I bet there's many thousands in a similar position.