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Zoey_ JD
Zoey_ JD, JustAnswer Criminal Law Mentor
Category: Criminal Law
Satisfied Customers: 25891
Experience:  Admitted to NYS Criminal defense bar in 1989. Extensive arraignment, hearing, trial experience.
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If I have a history of sleep disorder and drive a car while

Customer Question

If I have a history of sleep disorder and drive a car while sleep. Can I be sent to jail
JA: In what state did this occur?
Customer: Pennsylvania
JA: Have you talked to a lawyer yet?
Customer: No. I took a blood test and the officer released me
JA: Anything else you want the lawyer to know before I connect you?
Customer: No
Submitted: 7 days ago.
Category: Criminal Law
Expert:  Zoey_ JD replied 7 days ago.

Hi,

I'm Zoey.

I'm reviewing your post. Please be patient as I may need to research for you, and I may also have to respond to other customers.

Customer: replied 7 days ago.
Ok
Expert:  Zoey_ JD replied 7 days ago.

You could be charged with some criminal offenses or some traffic infractions just for falling asleep at the wheel. But the authorities would not know about your sleep disorder unless you told them. Even if they did know of this and you were charged with Reckless Endangerment in Pennsylvania, you would not be likely to go to jail for that offense.

I would feel differently if you were driving with a suspended license against medical advice and if you were in an accident where you seriously injured or killed someone. But that would be the worst case scenario and is not a part of your fact pattern.

Customer: replied 7 days ago.
I didn't fall asleep at the wheel. I was asleep when I was driving. For example, like sleep walking
Expert:  Zoey_ JD replied 7 days ago.

I understood that. Being asleep at the wheel is being asleep while operating a vehicle. It doesn't change my answer. If anyone knew of your history, you could be charged with Reckless endangerment, which is a Second Degree misdemeanor in Pennsylvania. A conviction could land you in prison for up to 2 1/2 years, but if there was no accident or injuries you would likely be able to avoid jail, at least the first time you were charged. YOu could expect your license to be suspended on medical grounds.

Expert:  Zoey_ JD replied 6 days ago.

Just checking in to see if you need more help or any clarification of my answer. If so, please reply here on this question thread.