Do you understand how the law works? A crime isn't determined by the potential or worst-case scenario. There's also no way to measure or prove that someone is driving while tired. In this instance the driver admitted that she was tired, but I would bet close to 20% of drivers in the US have dozed off while driving, even if it was for just a second. 

I'm sure some people are legitimately negligent about this and get behind the wheel when they know they are having a hard time staying awake, but I found myself nodding off in traffic once after 7 hours of sleep between eagle river and anchorage. 

Because of that I should have gone to jail, lost my license (and my job!), because of a few seconds of nodding off? This issue needs awareness not an absurd level of punishment.