1. Actual Circumstances of the Accident
At approximately 10:45 p.m. on August 11, 2019, a single-vehicle traffic accident occurred on a curved road near a residential area. The road was a narrow two-way street with limited lighting at night. The curve had an S-shape, which made visibility difficult, and the damp road surface further reduced traction.
The vehicle involved was a black BMW 320i sedan. The driver, Mr. A (29), was accompanied by his friend, Mr. B (28), who was seated in the front passenger seat. They had left a nearby pub after consuming beer and gin and tonic and were on their way home. At the time of the accident, the car was traveling at approximately 45 mph (around 72 km/h), exceeding the 30 mph (48 km/h) speed limit.
As the car entered the curve, the left wheels began to skid, causing it to cross the curb and crash head-on into a metal guardrail, where it came to a stop.
2. Post-Accident Scene – Vehicle Position and Movement
Following the impact, the vehicle came to rest in front of a guardrail on the right side of the road. The driver-side airbag had deployed, and Mr. A suffered a cut to his lip from the collision. Mr. B, in the passenger seat, was uninjured.
For about one minute after the crash, neither occupant exited the vehicle. CCTV footage later showed them talking inside the car. Mr. A then got out through the passenger-side door, walked around the front of the vehicle, and opened the driver’s door to switch seats with Mr. B. This seat exchange was clearly captured on CCTV from a nearby building approximately 10 meters from the crash site.
3. Police Response and Statements
Police arrived at the scene about five minutes after the incident and separated the two individuals for questioning. At that time, Mr. B was sitting in the driver’s seat and claimed, “I was driving. I wasn’t speeding, but I lost control at the curve.”
Mr. A, seated in the passenger seat, stated, “I did drink a little, but I wasn’t driving. I was just a passenger in my friend’s car.” However, the officer noticed blood stains on the deployed driver-side airbag, while the passenger-side airbag had not deployed. This raised suspicion of a possible post-accident seat switch.
The forensic team later collected fingerprints from the steering wheel, gear lever, and driver’s seat, along with blood samples. CCTV footage secured afterward clearly showed the two switching seats shortly after the crash.
4. Criminal Judgment and Sentencing
The case was subsequently brought before the Magistrates’ Court. The court found the following:
Mr. A was confirmed as the actual driver. His blood alcohol concentration was 0.12%, which exceeded the UK legal limit of 0.08%.
The accident was caused by speeding and impaired steering ability due to alcohol consumption.
Mr. B’s statement was determined to be a false report, made in collaboration with Mr. A to obstruct the investigation.
As a result:
Mr. A was convicted of driving under the influence, making a false statement, and obstructing justice. He received a 6-month prison sentence, an 18-month driving disqualification, and a £1,500 fine.
Mr. B was convicted of aiding in the false statement and was given a 1-year suspended sentence and 80 hours of community service.
5. Expected Scenario If No Seat Switch Had Occurred
Criminal Procedure and Court Ruling
Mr. A would have undergone a formal investigation at the police station, after which the incident would have been classified as a straightforward DUI traffic accident and referred to the Magistrates’ Court. During the trial, Mr. A would have once again acknowledged his fault, stating, “I take full responsibility for both the speeding and the drinking. I deeply regret my actions.”
Given that Mr. A was a first-time offender, did not attempt to evade responsibility, and promptly admitted to the charges, the court would likely have imposed a fine or a suspended sentence instead of imprisonment. Based on similar precedents, a fine of approximately £800–1,000 and a 12–15 month driving disqualification would have been typical.
Legal Responsibility of the Passenger
Mr. B, seated in the front passenger seat at the time of the accident, had no involvement in any wrongdoing. He made no false statements and cooperated fully with the police investigation. As a result, he would not have faced any criminal liability. During the course of the investigation, he would have been summoned only as a witness and would have been fully excluded from any prosecution or disciplinary action.
Case Resolution and Broader Impacts
The case would have been quietly resolved without media coverage. Mr. A would have avoided a prison sentence and public disgrace. After fulfilling the requirements of the fine and the license suspension period, he could have resumed his normal life.
If Mr. A had been employed by a company, the incident would likely not have appeared in official records or news reports, and thus would not have significantly impacted his employment status or career.