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No easy answer

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Article online since September 30th 2008, 23:59
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No easy answer
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No easy answer
The Quebec Court ruling handed down in the Diane Lauzon case sends a clear message — that you can't successfully prosecute a 'drowsy driver.'
Lauzon was acquitted of dangerous driving causing death by Judge Robert Sansfaçon on Monday. Police reported Lauzon fell asleep at the wheel of her vehicle and veered off Beaconsfield Boulevard at a slight turn in the road near Fieldsend Avenue and struck 34-year-old Erica Cadieux as she pushed her 18-month old daughter in a stroller on the sidewalk Jan. 27, 2006. Cadieux died later in hospital but her baby was miraculously not injured. The tragedy struck a nerve with Beaconsfield residents who demanded the city and police crack down on speeding, although speeding was not deemed a factor in the incident, nor were drugs or alcohol. From the start, there were questions of whether or not a sleepy driver could be prosecuted. Quebec has no drowsy driving law, such as one in New Jersey. However, some legal experts, including a recent Supreme Court of Canada ruling, don't think drivers who commit momentary acts of negligence should be held criminally responsible. Unfortunately, Quebec's no-fault insurance policy doesn't allow for civil action, either.

While one way to remember Cadieux would be to name a new law after her, there are others as well. For instance, a soccer match in her honour pitting Concordia University's women's soccer team (which Cadieux once played on) against crosstown rivals at McGill was launched to raise money and collect teddy bears for the Montreal Children's Hospital Foundation.

People could continue to debate the need for a drowsy driving law, but what we should all learn from this is to be more prudent and responsible drivers. While most people know better than to drink and drive (though far too many still don't), a great number of people don't think twice about driving while sleep-impaired. There are numerous reports of deadly crashes in Canada where a sleepy driver is cited as the cause. Sometimes the driver takes his own life, but also the lives of others on the road.

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Tiberius

Comment online since October 8th 2008
Driving while tired is extremely dangerous, both for yourself and other road users. Driving requires intense concentration and perception, but these are greatly reduced when you are drowsy. Your judgement skills are also impaired, which can make you slower to see potential or actual dangers and react to them.
Driving when tired makes you less likely to be fully aware of what is going on around you. This includes both the actions of other road users and potential hazards such as pedestrians. You are less likely to spot the warning signs before it is too late, which can easily cause or contribute to an accident. This happens because your concentration is more easily broken and your judgement and perception skills are not as sharp as normal. This combination only needs to drop ever so slightly to become dangerous.

The Legal Stance on Driving Tired???
The law should take a dim view of drowsy driving. If you are caught driving while drowsy or you fall asleep at the wheel, you should be charged with careless or dangerous driving. If you are involved in a fatal accident, you must be charged with dangerous driving and/or manslaughter. This should result in a fine/prison sentence proportionate to the damage caused.

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