What is the correct violation for falling asleep at the wheel while driving?

Asked almost 5 years ago - Dallas, TX

The incident in question contained no accidents and no damage to any person or property. There was a near-accident, but it was avoided. The driver of the other car called it in and the driver that fell asleep was pulled over by the police. What would be the proper violation in the state of Texas for an incident like this? This wouldn't constitute reckless driving, would it? I would think reckless driving would be considered an intentional thing. Perhaps failure to maintain control? Either way, are there any ramifications to having either of these violations on one's permanent record? Thank you...

Attorney answers (1)

  1. Alan James Brinkmeier

    Contributor Level 20

    Answered . Reckless driving can be falling asleep while driving.

    Here is an examples

    Colorado --.

    http://www.thedenverchannel.com/news/14360882/d...

    California --

    Driving while drowsy is considered reckless driving because reckless driving is a serious.

    http://www.cirseiu.org/assets/assetcontent/a96d...

    Massachusetts --

    Drowsy driving is considered extraordinarily dangerous and can result in criminal charges and civil lawsuits.

    sleep.med.harvard.edu/file_download/58

    I hope this helps.Check with a TX lawyer in your locale to discuss more of the details.

    Good luck to you.

    God bless.

    NOTE: This answer is made available by the out-of-state lawyer for educational purposes only. By using or participating in this site you understand that there is no attorney client privilege between you and the attorney responding.

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