..."Driving While Drowsy" can be not only unsafe but even deadly. However, do supposedly free and independent adults really need a law on the books for every conceivable safety concern touching our daily lives? Driving While Drowsy?

Add getting enough sleep to the lengthy list of requirements for driving, at least on the highways and thoroughfares of New Jersey. The state recently became the first in the nation to make it a criminal offense for a driver to get behind the wheel while being too sleepy — committing a DWD, Driving While Drowsy, if you will.

The new law, known as "Maggie’s Law" in honor of a 20-year-old college student killed by a driver who had been awake for 30 hours straight before the accident, allows prosecutors to charge motorists with vehicular homicide punishable by up to 10 years in jail and a $100,000 fine in connection with deadly crashes where the evidence links the accident with a lack of rest. Similar legislation is pending in New York and has been discussed by lawmakers in Washington state, as well.

But despite the new law’s apparent reach into the collective bedrooms of New Jersey, don’t count on anyone getting any more sleep. The law is, quite simply, impossible to enforce, and, what’s more, everyone knows it.

Unlike the offense of "Driving While Intoxicated," or DWI, there are no standards for just when a driver would be too tired and, in essence, commit a DWD. Is 8 hours of sleep each night enough? What if you have a long, monotonous commute that lulls you asleep even when you get 10 or 12 hours of sweet dreams? And when the unforeseeable happens, can you tell your boss that sleeping in was necessary to avoid being pulled over?

Only those unfortunate drivers who actually cause a deadly accident will have to worry about these questions because the new law does not allow police officers to stop motorists with heavy eyelids. Instead, the law’s provisions only kick into action to wake-up the drowsy driver after he or she has already killed another. And perhaps ironically, that wake-up call is a possible decade-long jail sentence so that the aforementioned lethargic motorist can get the shut-eye he or she so desperately needed in the first place, albeit now under the lock and key of a state-sponsored prison cell.

It’s certainly true that, just like "Driving While Intoxicated," "Driving While Drowsy" can be not only unsafe but even deadly. However, do supposedly free and independent adults really need a law on the books for every conceivable safety concern touching our daily lives? If so, maybe we could add "Driving While Angry" (DWA), "Driving While Browsing" (DWB), and "Driving While Calling" (DWC), just to give the legislators a few suggestions for the ABCs.

October 16, 2003
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