Sleeping driver gets suspended sentence, 3-year ban

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Edward Walgwe

Sleeping driver gets suspended sentence, 3-year ban

A 28-year-old man from Horsens has been convicted of falling asleep at the wheel and seriously injuring a woman in a head-on crash near Bredebro in 2024. He received a one-year suspended prison sentence and appealed on the spot.

The verdict was handed down last week, Avisen Danmark reports. A panel of lay judges found the man guilty of all charges, including negligent infliction of significant bodily harm under section 249 of the Danish Penal Code.

Alongside the suspended sentence, the court ordered a three-year revocation of his driving license and 200 hours of community service. Defense lawyer Stephan Ravn Berg appealed immediately.

The crash happened on June 26, 2024, at around 1:40 p.m. on Løgumklostervej outside Bredebro. A woman in her 40s was driving her Kia Picanto when an oncoming car suddenly changed lanes, according to Avisen Danmark.

Both cars ended up in the ditch after the frontal collision. The woman was trapped for more than 45 minutes before firefighters freed her, and she was taken to Odense University Hospital in critical condition.

Her injuries included fractures of the breastbone, pelvis, a lumbar vertebra, a thigh bone and a wrist. She also had punctured lungs and liver damage, and it took her a full year to recover.

Fatigue after a trip to Munich

The defendant had attended the Euro 2024 match between Denmark and Serbia in Munich the day before. He traveled by train through Germany to Flensburg, then drove toward the Danish west coast, per Avisen Danmark. He was hospitalized after the crash but not seriously hurt.

He told police he fell asleep behind the wheel, and told a witness he had closed his eyes because of fatigue. On that basis the court classified the case as vanvidskørsel, the Danish category for reckless driving in Denmark.

The reading of that police interview was contested. Berg argued it could not be used, since his client was originally only charged under the Road Traffic Act and was not informed of his right to a lawyer. After a dispute with prosecutor Hany Dugheim, judge Kim Grunnet allowed the interview to be read aloud.

The charges rest on provisions published by Danskelove. Section 54, subsection 2 of the Road Traffic Act bans driving when illness, exhaustion or lack of sleep makes safe operation impossible. Section 249 of the Penal Code allows up to eight years in prison under particularly aggravating circumstances.

A legal practice overview from Lovguiden, published in 2021, notes that such cases usually lead to license revocation and custodial sentences, though some are suspended with community service. A 2022 case summary from Procesbevillingsnævnet describes an unconditional license revocation for driving affected by sleep deprivation.

The injured woman has largely recovered and remembers nothing of the collision, according to Avisen Danmark. She filed no compensation claim and said she bore no grudge. The 28-year-old broke down in tears after speaking with her.

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Edward Walgwe Writer

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