A member recently sent me newspaper clips from a community newspaper which should raise a red flag for all of us who drive. The driver, whom I will call John, was a young man, age 19. John had been diagnosed with narcolepsy at age 13, and re-diagnosed by a certified sleep doctor at age 16. At the time of the crash, John was a student at the local community college.

John's sleep physician had prescribed Ritalin and Provigil. But John testified that he only took his prescription once or twice a week.

On a summer day in 2001, John drove through a stop sign and crashed into the side of a crossing vehicle, killing the other driver and injuring the other occupants. John also suffered significant injuries. Blood tests after the accident revealed no evidence of alcohol or drugs, nor evidence of medication used to treat narcolepsy.

John was charged with involuntary manslaughter and reckless aggravated battery. Both charges require proof of reckless behavior. Recklessness is often defined, for traffic and criminal laws, as acting with heedless indifference to consequences, or perversely, disregarding a known risk. The local prosecutor argued that John, knowing he had narcolepsy, and failing to take his prescribed medication before driving amounted to reckless behavior.

The prosecutor's witnesses included teachers who testified to John's falling asleep in class, a football coach who testified to John's falling asleep at meetings, the sleep doctor who testified to his diagnosis of John and prescribed medications, and a pharmacist who testified that John's medication had not been refilled from six-months before the accident.

John's father testified that, when his son got his learning permit to drive, he informed the clerk of his son's narcolepsy, and noted that there are no restrictions for this condition. He also testified that John often drove siblings to school, and drove a truck during summer employment with no problems. John's doctor testified that it was easier to stay awake while driving.

If convicted on all charges, John faced a possible 2 to 11 years in prison.

John's defense attorney recently informed me that, following the trial testimony but before any jury finding, John agreed to plead no contest to reduced charges. As of this date, sentencing has not occurred, and John is undergoing further evaluations.

Many persons with narcolepsy, myself included, believe we are safe drivers, because we know our condition, take our prescribed medications, and use other means to avoid sleepiness while driving. But this tragic event is a warning to us all. Failure to take our prescriptions, taking them improperly, or exceeding our known limitations may amount to such a disregard of a known risk as to be reckless conduct. If such behavior results in an accident, criminal charges could follow. (Further information regarding this new story is available through the national office. John's attorney informs me that he has learned "a ton" about narcolepsy. Information regarding Narcolepsy Network has been sent to John, through his attorney.)

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