Have you ever operated a motor vehicle when you were exhausted? It is a very dangerous situation. The inability to concentrate caused by the drowsiness creates a lethal situation. If you continue to drive despite the warnings that your body is giving you, then there is the danger that you could fall asleep at the wheel – and kill yourself, a passenger or another motorist. If you kill someone else because you fell asleep at the wheel, then you will be charged with a criminal homicide.
On September 9, 2010, Richard Pedota ignored his exhaustion and continued to operate his tractor-trailer on Interstate 78 in Easton, Pennsylvania. He eventually fell asleep and struck another tractor-trailer, which was lawfully pulled off the side of the highway. The collision ended up killing the other tractor-trailer driver, Mario Chacon, who had been outside of his tractor-trailer at the time of the accident. Pedota was charged and convicted of Homicide by Motor Vehicle and Involuntary Manslaughter by a trial court, and received a sentence of 2 years to 4 years in a state correctional institute. Pedota appealed his conviction.
Both Homicide by Motor Vehicle and Involuntary Manslaughter require proof that the defendant caused another person’s death through a “grossly negligent or reckless act.” In essence, this requires proof that the defendant disregarded a substantial and unjustifiable risk that his conduct would lead to the death of another person. Pedota argued that the law was clear that you cannot be convicted for an “involuntary act,” i.e., he did not mean to fall asleep or pass out as it was something that was beyond his human ability to control. The essence of his appeal because a question of what happened in his truck just prior to the accident – and there is no way to prove it as Pedota would be the only one with any knowledge of what occurred. Because Pedota claimed that he “blacked out,” he argued that the Commonwealth could not demonstrate gross negligence or recklessness as his action in losing consciousness was not voluntary.
The Pennsylvania Superior Court rejected quickly this argument. First, the Superior Court noted that a motor vehicle can be a “dangerous instrumentality.” The Court also noted that falling asleep at the wheel is different than other kinds of momentary distractions that can cause accidents. The typical momentary lapses of attention or concentration that cause accidents generally are considered acts of civil negligence, not criminal acts. The Court noted that falling asleep while driving is a different animal altogether.
In its analysis, the Superior Court relied upon a 1944 decision which provided the following discussion about falling asleep while driving a motor vehicle: “In a normal human being sleep does not come without warning. Before sleep there is drowsiness and before drowsiness there is usually great fatigue or at least a desire to sleep. Human affairs would be in a precarious state if locomotive engineers, aviators, chauffeurs, motormen and others in charge of machinery in motion were liable to “fall asleep” at any time without first becoming consciously aware of sleep’s approach and taking immediate steps to bring to a stop the mechanism under their control or placing it in the hands of one who is completely awake and alert. The Creator wisely provided that sleep does not come upon human beings unannounced.”
In other words, in the absence of medical testimony suggesting that the driver had no control over falling asleep (and had no prior knowledge of this medical condition that would have put him on notice of the dangers of driving), the act of falling asleep at the wheel is a criminal act demonstrating both recklessness and gross negligence in the operation of the motor vehicle. The Superior Court rejected the defendant’s suggestion that the Commonwealth failed to prove whether he “passed out” without any warning or whether he simply fell asleep. The Court noted that the only person with such knowledge would be the defendant – and to put such a burden of proof on the Commonwealth in these kinds of traffic accidents would create an “insurmountable” burden. The Court concluded that “so long as the evidence shows a driver fell asleep and caused death,” the burden would then shift “to the defendant driver to appeal to the finder of fact that he was deprived of both warning signs and an opportunity to act on them.”
The message is pretty simple: if you are exhausted, don’t drive.
Please submit any questions, concerns, or comments to Susquehanna County District Attorney’s Office, P.O. Box 218, Montrose, Pennsylvania 18801 or at our website www.SusquehannaCounty-DA.org or discuss this and all articles at http://dadesk.blogspot.com/.
The Week of March 27th, 2013
“I think that no matter how old or infirm I may become, I will always plant a large garden in the spring. Who can resist the feelings of hope and joy that one gets from participating in nature's rebirth?” ~Edward Giobbi
“March came in like a lion, a-whipping up the water in the bay—then April cried, and stepped aside, and along came pretty little May!” Remember those lyrics from the Rogers and Hammerstein beloved musical “Carousel”? Well, March did come roaring in like a lion and the bay could be replaced by the mighty Susquehanna River, but we now sigh happily and can rejoice because Spring is finally here!! It came complete with loudly honking, returning geese, noisily splashing ducks and flocks of much-anticipated robins! With a few warm breezes come thoughts of the bright blossoms of tulips and daffodils and plans for an even larger vegetable garden or extended perennial bed. But, where do we start? Well, if you “Geek Gardening” as much as I do, and your fingers are just itching to dig into the soil, you better head to your local Library Branch and check out some of the numerous volumes they have on everything from English gardens, organic vegetable gardens, and planting roses, to growing herbs, and beyond. Some of the titles that may inspire you are:
“Clear and Simple Gardening Guide” by D.X. Fenton,
How to Win at Gardening: A Practical A to Z Guide to Better Gardening written by Richard M. Jackson,
“Gardening 101: How to Plan, Plant and maintain a Garden” by Thomas Christopher, Douglas Brenner and Margaret Roach,
:Gardening for Dummies” by Michael McCaskey,
“The Budget Gardener” written by Maureen Gilmer,
“Tips for the Lazy Gardener” by Linda Tilgner, “The Complete gardener” by Don Montagu, “How Does Your Garden Grow?” by Pamela Jones,
“Gardening Hints and Tips” by Pippa Greenwood,
Herbs: How to Select, Grow and Enjoy” by Norma jean Lathrop,
1001 Hints and Tips for your Garden” published by the Reader’s Digest Association,
“Year-Round Bloomers:Hundreds of Secrets for the Backyard Garden” by Jerry Baker, and “The Pennsylvania Gardener” by Derek fell plus many, many more are on the shelves to help answer your every question and help you produce award-winning flowers and yummy vegetables. I always start marigolds indoors on St. Patrick’s Day, with the hope and faith I will have some blossoms by Mother’s Day in May. Granted, I won’t be able to transplant them outdoors until the danger of frost is past, but it sure gives you a lift to see something green growing and thriving after a few months of ice and snow!
With Easter right around the corner, why not take a moment between dyeing eggs and planning your children’s Easter Finery and accompany them to your Library branch. You’ll all have a few giggles and share the excitement of picking out some wonderful, charming tales to while away the hours awaiting the Easter Bunny’s arrival. What a lovely way to start your Spring time too--reading and sharing a story with your family, There are many memorable titles to choose from, including;
“Happy Easter Day” by Wendy Watson--Part of the Celebration Series and explores how a family prepares for and celebrates Easter. The story also contains songs and poems for all to enjoy.
“Piccolina and the Easter Bells” by Pauline Priolo,
A charming tale set in Sicily about a small girl, her trials, tribulations and Easter Joy.
“A Rabbit for Easter” by Carol Carrick and Donald Carrick—A sweet story about Paul, a youngster who is entrusted with the care of the class rabbit over Easter vacation.
“Danny and the Easter Egg” by Edith Kunhardt, a delightful tale about Danny the Alligator and how he colors eggs, hunts for them with his friends after the Easter Bunny hides them and Danny gives a special egg to his Grandmother.
“The Egg Tree” by Katherine Milhous, an award- winning story of a Pennsylvania Dutch Easter that may inspire your family to create their own “Egg Tree”.
and “The Easter Bunny That Overslept” by Priscilla Friedrich, about the Easter Bunny delivering colorful eggs one beautiful Spring morning, only to be told it was Mother’s Day and he had slept through Easter! Oh, no! What will he do?
“Minerva Louise and the Colorful Eggs” by Janet Morgan Stoeke---Minerva Louise finds strange eggs, pink, blue, striped, polka-dotted. What hens would lay an egg like these under the picnic table or on top of a fence post? Please help Minerva solve the mystery.
“The Country Bunny and the Little Gold Shoes” by DuBose Hayward—This is a beloved tale of a mother bunny who dreams of being one of the official Easter Bunnies but must first prove herself to old Grandfather Bunny.
Are you wise, kind and brave like Mama Bunny?
What is the Library Staff currently reading?
Over at the Hallstead/Great Bend Branch, Valerie is busy reading books to her Grandson, and highly recommends “The Gruffalo” by Julia Donaldson- a cute tale about a mouse who takes a walk in the woods and comes upon a hungry fox, an owl and a snake, so for his own safety, he invents the Gruffalo. She also laudes “Pete the Cat and His Four Groovy Buttons” by Eric Litwin- a wonderful counting story about Pete the Cat who wears his favorite shirt with four groovy buttons, but when one falls off, does he cry? No! He sings about three groovy buttons!
Valerie has also discovered a new Author she particularly likes, Kris Radish, who writes award-winning Women’s Fiction such as “Hearts on a String”, “Searching for Paradise in Parker, Pa.”, and Annie Freeman’s Fabulous Traveling Funeral”, all of which are available through your local Library branch.
Checking in with the busy staff at Susquehanna, we find Laura reading the first book of the “Chronicles of Narnia” series, “The Voyage of the Dawn Treader” by C.S. Lewis, Deb is reading “The Power Trip” by Jackie Collins, and Pam is immersed in “Calculated in Death” written by J.D. Robb.
Up on the hilltop in Montrose, Sue Stone just finished the newest Oprah selection, “Wild: From Lost to Found on the Pacific Crest Trail” by Cheryl Strayed, the tale of a young woman’s life-altering hike on the Pacific Coast trail, while Chris is reading “Chicken Soup for the Soul: "I Can't Believe my Dog did that" edition. It includes a selection from a favorite local author, Ann Vitale. Liz is reading: "Quiet: The Power of Introverts in a World That Can't Stop Talking." by Susan Cain, Amy is reading "The Racketeer" by John Grisham and Donna is reading "The Husband List" by Janet Evanovich. Lastly, your “Dog-eared, page-worn” columnist is bouncing back and forth with three books at the moment—none are on local Library shelves yet, but hopefully they will be in the future. “Sweet Tea Revenge” by Laura Childs (another cozy featuring Theodosia Browning and her Indigo Tea Shoppe—the Library has several of her other titles), “The Cherry Cola Book Club”, the first title for gifted Author Ashton Lee, and “As I Knew Him”, a fascinating book about Rod Serling, written by his Daughter, Anne. The latter has many mentions of Binghamton and surrounding areas as well as a personal look into the “Twilight Zone’s” creator’s life.
Reminders of upcoming events to note on your calendar: According to Susquehanna Branch Librarian Laura Van Cott, a “Spring Story Hour” is being planned for the five (5) Tuesdays in April. The Story Hour programs will all begin at 10:30 am with more information forthcoming. Please stop by the Susquehanna Branch and sign your children up for this wonderful program.
The Susquehanna Branch Reading Group met on March 21st and discussed “Only Time Will Tell”, the first in a new series called the ”Clifton Chronicles” by Jeffrey Archer. Also, at the meeting, members picked up their March Reader’s Choice, “Killing Lincoln”, the bestseller by Bill O’Reilly and Martin Dugard.
At the Hallstead/Great Bend Branch, their Story Hour started on March 12th at 10:00 am and runs for six weeks. Did your little one participate in this wonderful program last year? Then, don’t delay— Please visit the Hallstead/Great Bend Branch and speak with Angie or Valerie to sign them up for the remaining weeks.
. Attention High School Students! Have you signed up for your SATs? Are you wishing you had a book to help you prepare for them? Through the “Inter-Library Loan”, Angie and Valerie of the Hallstead/Great Bend Branch have secured a copy of “Up Your Score, The 2013-2014 edition: The Underground Guide to the SAT” by a quadruple gathering of Authors such as Larry Berger, Michael Colton, Manek Mistry, Paul Rossi and JaJa Liao.
In Montrose, the “Toddler Time” program (2nd & 4th Thursdays—this month March 14th and 28th) and the “Baby Lap sits” program (Third Thursday of the month) are something you should look into if you have not already taken advantage of these programs. They are held at 10am in the Children's Room of the Montrose Main Branch. “Toddler Time”, for children ages 2 to 3-1/2, incorporates stories, songs and activities. “Baby Lapsits“ are appropriate for newborns to 2 year olds and are filled with music, rhymes and short books. Bring your youngsters for a fun outing! Both programs are free and do not require registration.
Please make sure you have April 27th, 2013 marked down on your calendar—Library Auction Night! More details in future columns..
As I close for this edition, I leave you with a quote from the great Charles Dickens:
“It was one of those March days when the sun shines hot and the wind blows cold: when it is summer in the light, and winter in the shade. “ ~Charles Dickens, Great Expectations
Happy Easter and Blessings for Peace at Passover—watch for those harbingers of Spring-- Crocus!
Enjoy!
