ever thought about those who drive under the influence of alcohol vs. the person who is extremely tired. in both situations the person who is very tired will have the same delay reaction to that who is under the influence. so why is the person who gets pulled over not in trouble if they are sleepy to that who is under the influence?
2007-02-07 07:18:02 · 8 answers · asked by Anonymous in Politics & Government ➔ Law Enforcement & Police
Both conditions involve an impaired driver. One is impaired by some impairing substance(s) and the other is impaired by fatigue...etc. The difference? One is illegal. The other is not. Driver's have civil liability for their actions regardless if it is criminal offense or not. If you're tired and kill someone, you're no less liable for that death than a drunk would be.
The reason the sleepy person is not in trouble is that they have broken no law (just by being tired). The officer has done you a favor by giving you a little wake-up call. Good luck.
2007-02-07 10:47:22 · answer #1 · answered by Hootiesplace 3 · 0⤊ 0⤋
The theory is that the person who is under the influence suffers not only from a lapse in ability but a lapse in judgment - when you leave the office at midnight, you KNOW you're tired and you drive very cautiously because of it. Some drunks don't realize they're impaired.
That said, some drunks do.
I think it's fair to ask why 0.08. That truly could be two pints of porter and I'm sorry, that's not outside the standard deviation (people leaving in the AM without having their usual cup of coffee, people driving after taking a sinus pill, etc....). I've driven after 3 margaritas within 1.5 hours before - I drive slowly, keep in the right lane, and keep a watchful eye for traffic coming in from on-ramps. This is a rare occasion though. But I feel better about a driver that has had two pints of ale and doesn't have a cell phone than a driver that hasn't had anything to drink but is on her cellphone yapping away about her trip to the nail salon.
2007-02-07 07:25:49 · answer #2 · answered by Anonymous · 0⤊ 0⤋
How can you prove that a driver was driving tired? If you are tired, its very easy to wake up or appear awake when you get pulled over. Its not so easy to appear sober and beat a breathlyzer.
2007-02-07 09:23:02 · answer #3 · answered by The Maestro 4 · 0⤊ 0⤋
Well a DUI is proven by a BAC test. If somebody is tired they can get charged with wreckless driving.
2007-02-07 08:01:39 · answer #4 · answered by Michael R 3 · 0⤊ 0⤋
Someone who is tired doen't pose a thret to other, but does to himself. but someone who is drunk or under the influence usualy has the patteren to hurts and risk hurting others.
2007-02-07 13:39:20 · answer #5 · answered by Ankit 4 · 0⤊ 1⤋
The difference will show up on the Breathalyzer test.
2007-02-07 08:07:25 · answer #6 · answered by beez 7 · 1⤊ 0⤋
I CANNOT TELL YOU THE DIFFERENCE BUT I CAN TELL YOU A SIMILARITY. IF YOU END UP KILLING SOMEBODY IN BOTH CASES, YOU END UP IN THE SLAMMER.
2007-02-07 07:24:42 · answer #7 · answered by Anonymous · 1⤊ 1⤋
OH.....MY......GOD!! Really dude?
2007-02-07 07:22:09 · answer #8 · answered by Centurion529 4 · 0⤊ 2⤋