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A "fatigued" Birmingham van driver who killed his passenger when he smashed into the back of a lorry at 91mph drove past four service stations where he could have taken a break.

Legard Swaby was driving from London to Birmingham when the crash happened on the M40 near Warwick in May last year. He made no attempt to break or steer in a way that could have prevented the tragedy, police said.

Swaby, from Washwood Heath, claimed he was trying to wake the passenger so he could take a turn at driving at the time of the collision in the early hours. The passenger suffered catastrophic injuries and died later in hospital.

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