Published by Osasere Edomwonyi Ikpoba
A British-Nigerian taxi driver who accumulated a catastrophic "sleep debt" by spending 53 hours behind the wheel over just three days has been jailed for six years after a momentary microsleep caused him to veer off the road and kill a man who had stopped for a break in a Surrey lay-by. Kolawole Erunkulu, 45, of Bexleyheath, south-east London, pleaded guilty to causing death by dangerous driving in June 2026 and was sentenced at Guildford Crown Court on August 25. He has also been disqualified from driving for eight years and will be required to take an extended retest should he ever seek to reapply for his licence.
The fatal collision occurred shortly before 6.30am on Sunday, August 17, 2025, on the A23 in Merstham, Surrey. Philip Dray, 59, a careful and conscientious driver, had pulled his Volkswagen into a roadside lay-by to take a break from driving. As he was opening the driver's door to climb back into his vehicle and continue his journey, Erunkulu's Audi swerved across the carriageway, crossed completely over the white lines, and struck him. Mr Dray died at the scene.
The investigation that followed painted a harrowing picture of sustained exhaustion and reckless decision-making. Detectives examined footage from an interior camera inside Erunkulu's vehicle, alongside data obtained from his employers. The evidence revealed that Erunkulu had driven for approximately 53 hours during the three days preceding the collision. His longest rest period during that time was just seven hours—and that break had occurred three days before the crash. Other breaks were approximately four hours and two hours respectively. In the period immediately before the collision, he had been working as a taxi driver for around 12 hours, taking only minor breaks.
The dashcam footage captured the precise moment of tragedy. It showed Erunkulu yawning repeatedly before his eyes closed at the wheel. He fell into what Surrey Police described as a "microsleep"—a brief, involuntary episode of sleep lasting only seconds during which the brain ceases to process external information. During one such episode, his vehicle veered across the carriageway and into the lay-by where Mr Dray was standing. The car continued for approximately another ten seconds before Erunkulu stopped at the next lay-by.
Erunkulu, who holds joint British and Nigerian nationality, was first charged in March 2026. He pleaded guilty at court in June and was sentenced last week at Guildford Crown Court. Surrey Police noted that had the case proceeded to a full trial rather than ending in a guilty plea, the sentence would have stood at nine years.
In her summing up at sentencing, Her Honour Judge Lees delivered a stark rebuke. "The footage shows the defendant was extremely tired and, in my view, has continued to drive when he must have known that," she said. "He was driving commercially. Even though he didn't have a passenger, he could have done and has driven in that state. All of this could have been stopped had he have slept".
Acting Detective Inspector Rob Baldwin from the Serious Collision Investigation Unit said the case highlighted the very real dangers of driving while fatigued. "Mr Erunkulu had worked long hours with insufficient rest over the preceding days, accumulating a sleep debt," he said. "Fatigue can seriously impair a driver's ability to remain alert and react safely, particularly during the early hours of the morning when the natural drive to sleep is at its strongest. Anyone who feels tired should not continue driving, as the consequences can be devastating".
The case has also drawn attention to a significant gap in Britain's transport regulations. Unlike drivers of large commercial vehicles and many passenger vehicles, who are subject to detailed statutory limits on driving time and rest, taxi drivers can fall outside those regimes. Transport for London's taxi-driver handbook states that self-employed taxi drivers can choose their working hours and that there are no rules limiting the number of hours they can work in a day or week, though it warns drivers to take regular breaks. A government working-group report has previously noted that the sector had historically been associated with long working hours and questioned why taxi and private-hire drivers could potentially work for unlimited periods while other professional drivers faced statutory limits.
Paying tribute to Mr Dray, his family described him as "an amazing partner and man". His sister said he was dependable and steady—the sort of person people could rely on without hesitation. "He never sought attention and lived his life quietly, but he cared deeply about others and treated people with respect and decency. He was simply a good man," she said. His partner described him as "a sweet, gentle, and caring man" and "the one who was always there to give me a hug". She said: "Phil was my partner and my soulmate" and described an enormous emotional and physical void without him. "He would ring me several times a day whenever he was waiting for a client or at lunch, just to see how my day was going. I miss those calls very much," she said.
For a man who spent his life as a careful and conscientious driver, ensuring the safety of his passengers and other road users, the irony of his death is almost too much to bear. "The fact that he, someone who worked every day to keep others safe, had his life taken in such a way makes this loss even more incomprehensible and tragic," his sister said.
Erunkulu's six-year sentence and eight-year driving ban mark the end of a legal process, but for the family and partner of Philip Dray, the grief is only beginning. The case stands as a grim warning to every driver who pushes past exhaustion: a few seconds of lost consciousness can cost a life, and the law will hold you accountable.
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