A driver who was "too drunk to stand up" killed a highways worker on the M23 the morning after returning to the UK from an alcohol rehab facility. Vilius Domarkas, 38, was jailed for 10 years for causing death by dangerous driving.
Anthony Howe, 65, had just stepped out of his van at roadworks on the M23 when Domarkas fatally hit him. The stretch of the motorway, located at junction 9 southbound, was closed due to roadworks and Mr Howe had only stepped out of his vehicle seven seconds before impact.
Crash details
Domarkas, a builder, had flown back to the UK into Stansted Airport from his native Lithuania the night before the crash, which took place in the early hours of July 8. There, he had been in a rehab facility for his drinking problem.
The 38-year-old, who is a father of two, had just split from his wife, Lewes Crown Court heard. Naomi Edwards, prosecuting, told the court that Domarkas' Citroen Relay van eventually stopped 500 metres after the crash with Mr Howe, who was still holding the door handle of his van at the time of the collision.
Domarkas' van came to a halt due to an automatic fuel-cut-off triggered by the damage caused to the vehicle, Ms Edwards added. The 38-year-old then called the police to tell them his windscreen was broken but that he had no idea how that happened.
Court proceedings
On arrival, officers noticed Domarkas' speech was slurred and he was so unsteady on his feet that he fell over. A blood sample test he provided four hours after the crash showed he was over the legal limit for alcohol, with 221 micrograms per 100 millilitres of blood. The legal limit is 80ug of alcohol per 100ml of blood but the court was told that back calculations suggested he was between three and four times the limit at the time of the accident.
Domarkas pleaded guilty to causing death by dangerous driving. Sentencing him to 10 years today, Judge Martin Huseyin said: "You called 999 but you were so drunk that you didn’t realise that you had hit a person. It’s truly shocking that as a man who was too drunk to stand up, you felt fit to drive on a motorway."
The judge continued: "Mr Howe was a vulnerable road user, as are all pedestrians, but because of his job and the work he had to carry out on the slip road, that meant he was in an exceptionally vulnerable position. He died of catastrophic injuries, mercifully, he died instantly. Mr Howe’s death has caused a devastating blow to all those around him."
Victim impact
In a victim impact statement read to the court, Mr Howe’s partner, Lilian Bonney, said: "My entire world was ripped apart when Tony was killed in a road traffic collision. Tony completed me and without him I simply do not feel whole anymore."
"Tony was an amazing partner, he was a loving, caring man. Tony was a gentle giant who could make anyone laugh with his cheeky personality," Ms Bonney added. She added that she had trouble sleeping since the death of her partner, who was from Kent, adding "[I] often cry myself to sleep". She continued: "His future had been taken away in the cruellest way. This defendant made a choice that stole my happy-ever-after."
Andrew Bullivant, defending, said Domarkas was "genuinely remorseful" and has already informed the Home Office that he plans to return to Lithuania after he completes his sentence. He said the defendant was going through a break-up with his wife and had just gone through a period of rehab in Lithuania before flying back to the UK late the previous evening. He added: "He took the fatal decision to drink, possibly because of the marital breakdown."
Domarkas, of no fixed address, has also been disqualified from driving for 16 years and eight months and the judge ordered the forfeiture of his van.
