CASE LAW - Falling Asleep at the Wheel

This case involves falling asleep at the wheel of a pickup truck. Justin Roberts was travelling eastbound on the Trans Canada Highway between Kamloops and Chase. A witness watched him move onto the shoulder, roll side over side twice and come to rest in the ditch.

Admission of Falling Asleep at the Wheel

That witness stopped to check on Mr. Roberts who was exiting the truck though one of the windows as she approached. He spoke to her and said that he was very upset with himself for having fallen asleep and about the condition of his truck.  He also told her that he had just had a few hours sleep and had been drinking the night before.

Investigation for Driving Under the Influence

Both this witness and the RCMP constable that arrived at the scene to investigate noted an odour of liquor on Mr. Roberts' breath. A roadside screen was conducted and the screening device read Fail. A breath demand was made and the driver was taken to Chase Detachment for testing.

Judge Rohrmoser found that there was not enough evidence to convict for impaired driving.

Dangerous Driving

Judge Rohrmoser did convict Mr. Roberts of dangerous driving because he had fallen asleep at the wheel.

Appeal of Conviction

Mr. Roberts appealed his conviction in front of Mr. Justice Meiklem. He was not successful and the conviction was upheld. The justice referred to the following in his judgment:

Driving a vehicle is a privilege that carries significant responsibilities to other members of the public. Driving when deprived of sleep is as culpable as driving when under the influence of alcohol or drugs. In either case, the driver's ability to drive the vehicle in a safe fashion is impaired. His or her impairment puts everyone else who is using the public roadways at significant risk. The magnitude of the risk is demonstrated by the tragic consequences that resulted in this case from the accused's inability through sleep deprivation to drive responsibly. This is a risk that a reasonable driver will not take. Nor is it a risk that is tolerated in our society where responsible driving is so essential to maintain the safety of the public on Canada's roads and highways.

Learn More

• R v Roberts - Reasons for Judgment
• R v Roberts - Reasons for Sentence
• R v Roberts - Appeal of Conviction

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