A Danish appeals court has overturned a reckless driving conviction for a man who caused a fatal accident while using his phone. The Eastern High Court reduced the 26-year-old's sentence from years in prison to 60 days of conditional imprisonment and community service.
The incident occurred on Hillerødvej near Helsinge in February 2023. The young man crossed into the opposite lane and collided with an 18-year-old female driver, who died from her injuries.
The District Court in Helsingør originally found the man guilty of negligent homicide under particularly aggravating circumstances. They determined he had been checking his phone and considered it reckless driving, sentencing him to three years and four months in prison.
But the High Court judges saw things differently. They ruled the phone use constituted careless driving rather than reckless driving, which carries lighter penalties.
Special prosecutor Rikke Jensen from the Copenhagen State Prosecutor's Office explained the difference. "You don't come anywhere near those prison sentences with this classification," she said according to court officials.
During the trial, the man claimed he lost consciousness before crossing lanes. He expressed deep regret about what happened.
A witness who narrowly avoided the driver moments before the crash testified in both courts. She said she had no doubt the man was looking at his phone.
"He held it so high that you could see his gaze was off the road," the witness stated. "I have no doubt he was looking at his phone while steering with his right hand."
The original three-year driver's license suspension was also reduced to a conditional revocation. This means he can keep his license if he passes a controlled driving test.
The ruling highlights ongoing debates about phone use while driving and how courts classify such behavior. Different judges can interpret the same facts quite differently, leading to dramatically different outcomes for defendants.