Charges against Wayne Klingberg over fatal crash downgraded in Adelaide Magistrates Court

A driver allegedly caught on dashcam “yawning” and “swerving” across the road before a fatal crash is no longer facing a maximum of life behind bars.

A driver who crashed off the road, killing his passenger, was caught on dashcam swerving across the road, yawning and struggling to stay awake for 20 minutes before the crash, prosecutors allege.

Wayne Klingberg, 56, of Freeling was charged with aggravated causing death by dangerous driving and aggravated driving without due care over the crash at Hamley Bridge on July 1, 2022.

On Tuesday, Mr Klingberg applied to the Adelaide Magistrates Court to have the charges against him thrown out because the evidence could not prove dangerous driving.

Scott Henchliffe KC, for Mr Klingberg, said the crash was a terrible accident, but the prosecution could not prove a sustained pattern of dangerous driving.

Magistrate Simon Smart heard that a 22 minute dashcam recording captured Mr Klingberg’s driving leading up to and including the crash.

Mr Henchliffe said his client’s only crime was veering to far to the left when he took a curve in the road.

CFS volunteer Wayne Klingberg has been charged with causing the death of a passenger in his car by dangerous driving. Picture: Facebook

The court heard Mr Klingberg and his passenger had been driving to look at a job site at the time of the crash.

Mr Klingberg took the corner but the rear wheel of the car started to slide on gravel from an adjoining unsealed road.

“He over corrected once he was sliding and turns to the left and overcorrects and reaches a tipping point where the rims dig in and the car flips,” Mr Henchliffe said.

“One wouldn’t convict him of dangerous driving because of the agony of the moment.”

Peter Cannell, prosecuting, told the court the dashcam footage included audio from within the vehicle.

The passenger could be heard asking Mr Klingberg whether he was “still waking up”.

“Yes I am, I’ll stop in Balaklava and get an energy drink,” Mr Klingberg replied.

Wayne Klingberg leaves the Adelaide Magistrates Court in March this year. Picture Dean Martin

Mr Cannell said the prosecution case would be that Mr Klingberg had completely closed his eyes to rub them while driving at speed, was seen to swerve over to the other side of the road and was talking to himself saying “stay on the road mate”.

Mr Smart held that there was enough evidence for Mr Klingberg to stand trial on a basic charge of causing death by dangerous driving, but dismissed the circumstance of aggravation.

“Mr Klingberg’s handling of the road is questionable, but I am not satisfied there was a prolonged course of dangerous driving,” he said.

The decision reduces the maximum penalty Mr Klingberg faces if convicted from a maximum penalty of life in prison to 15 years.

Mr Klingberg will appear in the District Court in the coming months where his trial will be scheduled.

Originally published as Charges against Wayne Klingberg over fatal crash downgraded in Adelaide Magistrates Court