Two years ago, checked the car driving man by police just outside Grästorp and the breath sample showed 1.2 per mille of alcohol in the blood. It led to his conviction in the spring of aggravated drunken driving in Skaraborg District Court.
But the story does not end there.
The police investigation shows that the man a few hours before driving overdosed a hypnotic and drinking whiskey . And according to an opinion from the National Board of Forensic there have been reports of rare cases where people taking the current agent “performing unconscious actions such as sleep walking”. The Court of Appeal also notes in its judgment that among these cases, there are those who run the car without remembering it.
The man said in the lawsuit that he only remembers that he took sleeping pills and a glass of whiskey when he went and lay down. The next recollection is from when he woke up in hospital – his drive ended with an accident, which is not described in detail in the judgment.
The Court finds that it is beyond reasonable doubt that the man was aware that he is driving a car – and that there is no proof that there is an intent. Likewise writes right that it is not proven that the man realized that the combination of sleep, food and alcohol would “entail a risk that he would drive in his sleep.”
Therefore frees him then from liability.
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