
Quoting
blewis
No, an officer is not REQUIRED to issue a ticket. But I think you should consider yourself very lucky. First, you're still around to worry about this ticket. Second, the officer could have written you up for Reckless Driving -- a misdemeanor (there is no statute -- that I can find -- for "falling asleep" per se).
Instead, he apparently wrote you up for using the median as a lane. Can you tell me the statute cited on your ticket (it should say something like 46.61.140 somewhere on the face of the ticket).
The ticket is probably only about $100, maybe a little less. If you plead "guilty with an explanation", you can probably get that cut in half. Whether of not this has any affect on your insurance will depend on your driving record and age.
If you haven't done so in the past seven years, you might also consider "deferred findings". This puts you on probation for a year or so. You'll have to pay the same $100, but if you don't get another ticket for a year, this ticket will be dismissed. That keeps it away from your insurance company. The problem is that you can only have one deferral every seven years, so you might want to keep it for a more serious infraction.
Of course, you can always fight the ticket. The state would have to show that you committed this offense. Since the officer didn't witness it (at least from your description), another witness would have to show up at the trial. If none do, it will probably be dismissed (but nothing is assured).
Good luck,
Barry