Taxi driver jailed for six years after killing man in layby

A taxi driver who fell asleep at the wheel after working for approximately 53 hours over three days has been jailed for six years. Kolawole Erunkulu was driving on the A23 in Merstham when his vehicle swerved and struck Philip Dray, who was standing in a layby. Mr Dray, 59, died at the scene.

Circumstances of the collision

The incident occurred shortly before 6:30am on Sunday, 17 August 2025. Erunkulu, 45, was driving an Audi when it veered across the carriageway and into the layby where Mr Dray had parked his Volkswagen. Mr Dray was reportedly opening his driver's door to get back into his vehicle when he was hit. CCTV footage showed the Audi's wheels crossing white lines and entering the layby before the vehicle corrected its course after the impact.

An investigation by detectives revealed Erunkulu had worked for around 53 hours in the three days preceding the crash. His employers' data indicated his longest rest period during that time was just seven hours, taken three days before the collision. He had also taken shorter breaks of approximately four hours and two hours. Immediately before the crash, Erunkulu had been working for about 12 hours, with only minimal breaks.

Video footage from inside Erunkulu's vehicle captured him experiencing a "microsleep", a brief loss of consciousness. During one such episode, his Audi drifted into the layby, colliding with Mr Dray. The vehicle continued for another 10 seconds before Erunkulu stopped in the subsequent layby.

Court sentencing and consequences

Erunkulu, who holds joint British and Nigerian nationality, pleaded guilty to causing death by dangerous driving at a court hearing in June. He was sentenced at Guildford Crown Court on Tuesday, 25 August. Had he been found guilty after a trial, the sentence would have been nine years. He was also disqualified from driving for eight years, a ban that will run concurrently with his prison sentence. He will be required to undergo an extended retest if he reapplies for his driving licence.

Her Honour Judge Lees stated during sentencing that the footage showed Erunkulu was "extremely tired" and had continued to drive despite knowing his condition. The judge noted that he was driving commercially, and even without a passenger, he could have been carrying one, and had driven in that state. The judge added that the incident could have been prevented had he taken rest.

Acting Detective Inspector Rob Baldwin, from the Serious Collision Investigation Unit, commented on the case, highlighting the dangers of driving while fatigued. He stated that Erunkulu had accumulated a "sleep debt" through long working hours with insufficient rest. Mr Baldwin emphasised that fatigue significantly impairs a driver's ability to stay alert and react safely, particularly in the early morning when sleepiness is strongest. He advised that anyone feeling tired should cease driving to avoid devastating consequences.

Tributes to Philip Dray

Philip Dray's family described him as "an amazing partner and man". His sister characterised him as "dependable and steady", someone people could rely on without hesitation. She added that he lived his life quietly but cared deeply for others, treating them with respect and decency, and was "simply a good man". She also noted the tragic irony that Mr Dray, who dedicated his life to being a careful driver and ensuring the safety of others, lost his life in such a manner.

Mr Dray's partner referred to him as "a sweet, gentle, and caring man", describing them as each other's "cheerleader, advisor, partner, and best friend". She spoke of the "enormous emotional and physical void" left by his absence and his role as her "partner and soulmate". She fondly recalled his habit of calling her several times a day to check on her day, calls she now misses greatly.

To draw attention to the risks of driving while fatigued, Mr Dray's family has consented to the release of video footage showing Erunkulu falling asleep at the wheel.