Sleep apnea has recently become the excuse du jour in criminal and civil cases, reports the New York Post.

In another, more devastating, case, a Washington state man successfully used the sleep-apnea defense after he fell asleep behind the wheel and his car jumped a curb, plowing into a crowd of high-school kids and killing two teenage boys, just one week before summer vacation.

Defense experts testified that William Klein’s apnea had been interrupting his sleep some 30 times an hour each night, making him not criminally responsible for his sudden doze-turned-deadly.