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Fine For Mobile Phone Driver Who Killed Pensioner

A woman who killed a pensioner while driving and on the phone to her boyfriend has been fined £500 at Manchester’s Minshull Street Crown Court.

The 25-year-old woman was on a legal, hands-free call to her boyfriend at the time of the accident, and did not notice that 77-year-old Brian Croxon had stumbled and fallen on the road ahead.

The court heard that while the car in front swerved to avoid the pensioner, the defendant did not and drove over him thinking he was a bag of “rubbish” lying on the side of the road in Oldham.

Other motorists stopped to render aid to the man, however, the defendant only returned to the scene briefly before driving off again. It was later found that one of her headlights was not working properly.

Kevin Donnelly, prosecuting, told the court that at the time of the accident – around 11pm on December 8, 2017, the woman had been on the phone to her boyfriend on a legal, hands-free call lasting four minutes and 20 seconds. They had argued earlier in the day and deciding whether or not to meet.

Mr Donnelly said: “One of her dipped headlights was not working on the day of the incident and there’s evidence to suggest that it had not been working for about three weeks.

“At the time of the collision, she was in a conversation with somebody although she was using a car headset which is not unlawful.”

Mr Croxon was the former president of a brass band club and visited the Oldham club six nights a week. On the night in question, he arrived there just after 9pm and left a little under two hours later.

Witnesses saw him stumble on cobbles outside the club where he fell into the path of motorist Kelly Winstanley.

Mr Donelly went on to say: “Mr Croxton had three single whiskey and lemonades but did not seem to be drunk according to a member of staff.

“Miss Winstanley describes him as standing on a cobbled surface of the road and as she approached, something caused him to stumble into the road directly in front of her.

“Miss Winstanley’s instant reaction was to swerve to the right to avoid hitting him then swerved back into her own lane and she looked in her mirror and saw him motionless.

“Although something caused him to fall in the road, he was alive and what killed him was the impact of the defendant’s Ford Fiesta.

“The prosecution’s case is that [the defendant] did not swerve to avoid hitting Brian Croxon and did not brake to come to a halt.”

CCTV footage recovered as part of the investigation showed the defendant to be travelling under the speed limit of 30mph and approximately 100m behind the Citroen driven by Miss Winstanley.

“The stopping time is somewhere in the region of 11 seconds and Mr Croxon would have been visible to the defendant for about 10 seconds for a distance of about 100 metres,” explained Mr Donnelly.

“After the Citroen Picasso went past Mr Croxon, [the defendant] had an uninterrupted view of Mr Croxon.

“She did not immediately stop. She drove on to the next junction in the road and she turned around and came back to the scene of the collision but by the time she got back, a number of people were surrounding Brian Croxon. She did not stop, she drove past the scene slowly and then she drove on.

“If [she] had acted immediately to what she saw in the road, she would have brought her car to a halt in something like 4.5 seconds and that would have carried a distance of about 30 metres.”

In a statement, the woman said she had seen a “dark object in the road and was unable to move around it”.

During the trial, she admitted that she had been speaking to her boyfriend as she “wanted company” but denied claims that she was distracted by the call.

“We had been arguing because we hadn’t seen each other much lately and we were just deciding whether to see each other,” she told the court.

“We were planning to meet, so I set off to his house in Salford. We were just talking about his day and football.”

Confirming that she had indeed argued with her boyfriend earlier in the day, she said they had not done so while she was driving and on the phone. She also denied knowing that her passenger side headlight was faulty.

The court asked if she had realised Mr Croxon was lying in the road, to which she replied: “It didn’t look like a person – I thought it was rubbish.”

“What was going through my head was that I needed to avoid it, but it didn’t feel safe to swerve. The car on the other side of the road was obstructing me from doing a full swerve.”

“At the next junction, I turned around as I needed to know. I suspected that it was a person, but I didn’t know 100 per cent. I was so scared.

“I saw people and cars all together and I was petrified. I didn’t want to get out of the car, I didn’t know what to say.

“I stopped and put my hazards on, but when I looked over, I just thought that I couldn’t get out of the car. I have never been in trouble before.”

She added: “I was scared about a million things, not just one thing. What would happen to me? What would happen to my family?”

The defendant faced charges of causing death by careless driving and failing to stop following an accident. She pleaded guilty to the charges of failing to stop, and the jury cleared her of causing death by careless driving after three hours deliberation.

Following the verdict, she turned to Mr Croxon’s family in the public gallery and said “sorry”. They ignored her and left without comment.

Judge Bernadette Baxter told the woman: “I understand this has been an extremely stressful time for you and you are genuinely remorseful for not having stopped and reported the accident.

“I hope you understand just how dangerous that behaviour was.”

Judge Baxter fined the woman £500 and endorsed her license with eight penalty points.

About Carl Millar

Carl Millar is a highly respected and experienced drink driving solicitor who is the principal of Millars Solicitors.

Carl has been a specialist in road traffic law for many years and represents clients from all walks of life and all over the Country. He is well known for the dogged defending of his clients and robust cross examination of police officers and exert witnesses.

With a wealth of expertise in motoring law Carl is well placed to provide advice over the phone and deal with all road traffic matters in a calm and professional way.

Getting in contact with Carl and Millars Solicitors is really easy. You can call him FREE on 0800 999 5535 or in an emergency you can call on 07855 806119.

Contact Millars Solicitors

Chester Teacher Caught At Twice Legal Drink Driving Limit

A 25-year-old woman who teaches at a Chester college has been banned from the roads for almost two years after she was caught drink driving.

The woman, from Mold, was hoping to extend her contract to full-time at Cheshire College South and West where she currently teaches media part-time.

Given the nature of her work and her conviction, her job may now be at risk, said Mike Pugh, speaking in the woman’s defence.

He continued by explaining that his client suffered from anxiety and depression. Her partner, also employed by the college, outlined her battle with mental illness to the court further.

Justin Espie, prosecuting, told the court how just after midnight on October 17 police indicated for the defendant to pull over by switching on their emergency lights. The woman attempted to park three times, stalled twice, and finally came to a halt on an angle.

On first addressing the police officers she said: “I know I am going to be over.”

Said Mr Espie: “It is as early a guilty indication as you are ever going to get”.

Mr Pugh told the court that his client had no previous convictions and was taking medication for her depression and anxiety however that day had been “a bit of a down day”.

He said that his client had consumed alcohol at home before driving a short distance to a local garage, and Probation Officer Andrew Connah continued to explain that she had in fact gone to get some cigarettes.

He said that she was genuinely remorseful and had good insight into the potential ramifications of her drink driving and had now stopped drinking entirely.

Mr Pugh also highlighted the fact that the defendant was not pulled over due to her manner of driving, rather that her lights were not switched on.

“She is extremely embarrassed to be before the court and is remorseful,” he said.

Mr Connah also told the court that the defendant’s grandmother had recently passed away and that she had been very much like a mother to her. Living in her house, it had a significant impact on her mental health.

He went on to say that the woman had two degrees and suffered from mental health issues since she was a child. She had undertaken various therapies to address them and the college was very supportive of her. She was also very active in the community and in charge of certain charity works including the distribution of fruit to Chester’s homeless.

At the time of her drink driving she felt had not been coping very well and it coincided with a break in her counselling.

Magistrates banned the woman from driving for 22 months as well as fining her £365 and ordering her to pay £85 costs and a £36 surcharge.

About Carl Millar

Carl Millar is a highly respected and experienced drink driving solicitor who is the principal of Millars Solicitors.

Carl has been a specialist in road traffic law for many years and represents clients from all walks of life and all over the Country. He is well known for the dogged defending of his clients and robust cross examination of police officers and exert witnesses.

With a wealth of expertise in motoring law Carl is well placed to provide advice over the phone and deal with all road traffic matters in a calm and professional way.

Getting in contact with Carl and Millars Solicitors is really easy. You can call him FREE on 0800 999 5535 or in an emergency you can call on 07855 806119.

Contact Millars Solicitors

Three Year Ban For Drug Driving Teen Caught Twice After Passing Test

A teenager has been banned from driving for three years after being caught drug driving twice in as many months, with the first just days after he passed his driving test.

A police officer spotted the 19-year-old driving his Renault Clio “erratically” in Cambridge on August 9.

Following the defendant as he drove home, the officer finally pulled him over and said that on opening the driver’s side door it “smelt strongly of cannabis”.

The teenager failed a roadside drug test and police took him to Parkside police station for blood tests which showed him to have 6.8mcg cannabis per litre of blood. The legal limit for drug driving is 2mcg.

After he was released pending further enquiries, police then spotted him again a few weeks later on October 14. One of the officers recognised his vehicle as one he had seen driving erratically the previous night but had been unable to pursue him at the time.

Once again, the court heard that the defendant was stopped and officers could again smell cannabis as soon as the door was opened.

The young man failed another roadside drugs test but refused to provide a specimen for analysis.

PC Edd Davidson Smith said: “This case highlights that, unfortunately, there are still people who think it is acceptable to drive under the influence of drugs.

“Those who do so risk not only their own lives but also those of any passengers and other road users.

“Driving while under the influence of either drugs or alcohol brings a much higher risk of a serious collision.”

The defendant pleaded guilty to drug driving and failing to provide a specimen for analysis. Magistrates ordered him to undertake 100 hours of unpaid work as part of a 12-month community order as well as ordering him to pay £170 costs. He was also banned from driving for three years.

About Carl Millar

Carl Millar is a highly respected and experienced drink driving solicitor who is the principal of Millars Solicitors.

Carl has been a specialist in road traffic law for many years and represents clients from all walks of life and all over the Country. He is well known for the dogged defending of his clients and robust cross examination of police officers and exert witnesses.

With a wealth of expertise in motoring law Carl is well placed to provide advice over the phone and deal with all road traffic matters in a calm and professional way.

Getting in contact with Carl and Millars Solicitors is really easy. You can call him FREE on 0800 999 5535 or in an emergency you can call on 07855 806119.

Contact Millars Solicitors

Fine for Burnley Pensioner Caught Drink Driving

A 69-year-old man has appeared in front of Magistrates in Burnley after being caught drink driving.

The man said he didn’t believe he would be over the limit, having been caught at 11.20am on September 25. He said he was embarrassed to be appearing in caught and sorry for what he had done.

The court heard that he was seen parking in the town centre by a witness who had previously seen him reversing on a cordoned-off car park for a closed-down pub.

Officers attended the scene after the witness contacted them and a breathalyser test on the defendant showed him to have 46cmg alcohol per 100ml breath. The legal drink driving limit is 35mcg.

David Lawson, defending, said that his client was extremely embarrassed by the turn of events.

“He accepts he had been drinking, but he didn’t think it would be over the limit,” he said.

Mr Lawson went on to add that the reason he moved the car from the coned off pub car park to the town centre was that he believed it would be safer there.

Upon being questioned by police, added Mr Lawson, his client cooperated fully.

Mr Lawson went on to say “He apologises through me. He is very remorseful for his actions and he is a man of good character.”

After pleading guilty to drink driving on Manchester Road, Magistrates banned the pensioner from driving for 12 months and fined him £120. He must also pay a £30 victim surcharge and £85 costs.

About Carl Millar

Carl Millar is a highly respected and experienced drink driving solicitor who is the principal of Millars Solicitors.

Carl has been a specialist in road traffic law for many years and represents clients from all walks of life and all over the Country. He is well known for the dogged defending of his clients and robust cross examination of police officers and exert witnesses.

With a wealth of expertise in motoring law Carl is well placed to provide advice over the phone and deal with all road traffic matters in a calm and professional way.

Getting in contact with Carl and Millars Solicitors is really easy. You can call him FREE on 0800 999 5535 or in an emergency you can call on 07855 806119.

Contact Millars Solicitors

Broken Number Plate Leads To Third Drink Driving Conviction

A man from Newcastle was pulled over by police because of his broken registration plate and ended up receiving his third drink driving conviction in seven years.

On addressing the man to point out the damage they smelled alcohol and he failed a roadside breath test. He had argued with his girlfriend and decided to drive home.

Rebecca Gibson told the court for the prosecution: “It was around 11.30pm when a police officer noticed the defendant’s Ford Fiesta vehicle travelling in the opposite direction to him.

“The officer noticed that the number plate was broken, so he decided to turn his vehicle around and stop the Ford Fiesta.”

Results of the breath test showed the man to have 61mcg alcohol per 100ml breath where the legal drink driving limit is 35mcg.

Ms Gibson also informed the court that the defendant had previous drink driving convictions from 2011 and 2013 and so faced the minimum three-year ban.

Tony Malia explained in mitigation: “An unfortunate argument arose and it was something that impacted upon his life very substantially at the time.

“He then decided to get out the house.

“There’s no suggestion his driving was impaired in any way, shape or form and he fully co-operated with the police at the roadside.”

The defendant pleaded guilty to drink driving and Magistrates banned him from driving for 36 months. They also imposed a 12-month community order and fines of £400.

About Carl Millar

Carl Millar is a highly respected and experienced drink driving solicitor who is the principal of Millars Solicitors.

Carl has been a specialist in road traffic law for many years and represents clients from all walks of life and all over the Country. He is well known for the dogged defending of his clients and robust cross examination of police officers and exert witnesses.

With a wealth of expertise in motoring law Carl is well placed to provide advice over the phone and deal with all road traffic matters in a calm and professional way.

Getting in contact with Carl and Millars Solicitors is really easy. You can call him FREE on 0800 999 5535 or in an emergency you can call on 07855 806119.

Contact Millars Solicitors

Care Assistant Loses “Dream Job” After Being Caught Drink Driving

A woman has been disqualified for drink driving after going out with friends to celebrate a new “dream job”.

Celebrating her last shift with colleagues, the 22-year-old decided to drive the 500 yards to her home while twice the legal limit, but just 200 yards into the journey she crashed her Audi into a parked car.

In March 2016, the care assistant received a 17-month ban for the same offence.

Charlotte Crane told Burnley Magistrates Court: “He [the owner of the parked car] went outside and was approached by [the defendant] who initially claimed that she needed assistance because her friends had run off.

“He called the police and they arrived. She then changed her story and accepted driving the Audi and made comments that she had been to a leaving do, had been done for drink driving before and apologised for her behaviour.”

On being breathalysed she blew a result of 78mcg alcohol per 100ml breath. The legal drink driving limit is 35mcg.

Mitigating for the woman, Daniel Frazer said: “What started out to be a happy occasion turned out to be an unmitigated disaster and unfortunately [my client] has nobody but herself to blame.

“She was, that evening, finishing her last shift as a care assistant. She had just got what she described as her dream job caring for young children in the community.

“She was asked by a few friends to go on an impromptu farewell. She went out and had a few drinks and that’s where the story starts to go south for [her].

“She is exceedingly remorseful. She knows she is going to be disqualified and the dream job required a driving licence so that’s now gone.”

After pleading guilty to drink driving, Magistrates banned her from the roads for 40 months, which may be reduced by 40 weeks on completion of the drink driving rehabilitation course. The court also imposed fines and costs totalling £299.

About Carl Millar

Carl Millar is a highly respected and experienced drink driving solicitor who is the principal of Millars Solicitors.

Carl has been a specialist in road traffic law for many years and represents clients from all walks of life and all over the Country. He is well known for the dogged defending of his clients and robust cross examination of police officers and exert witnesses.

With a wealth of expertise in motoring law Carl is well placed to provide advice over the phone and deal with all road traffic matters in a calm and professional way.

Getting in contact with Carl and Millars Solicitors is really easy. You can call him FREE on 0800 999 5535 or in an emergency you can call on 07855 806119.

Contact Millars Solicitors

Drug Driver In 100mph Chase Jailed

Leeds Crown Court has jailed a man for six months after he led police officers on a chase through Dewsbury at speeds of up to 100mph while driving under the influence of drugs.

The defendant, who was travelling with two passengers, was originally spotted by police as he changed direction while pulling out of a pub car park.

Officers attempted to pull him over and while he initially complied, he sped off as officers approached the vehicle.

Police pursued him at speeds of up to 100mph along Bradford Road towards Dewsbury but were forced to abandon the chase as he entered the town centre as a public safety precaution.

Shortly thereafter the man lost control of his vehicle and crashed into a lamppost.

With no injuries, the driver and his passengers fled the scene on foot, with police arresting the driver at Dewsbury railway station where he was found to be over the drug driving limit both for cannabis and cocaine.

Anastasis Tassou, mitigating, said the actions were out of character for his client, a bricklayer, and were the result of his being made redundant earlier that day.

The man entered guilty pleas to three counts of drug driving, dangerous driving, and driving without insurance. He was sentenced to six months in prison.

Recorder Ian Harris told the man: “You put the public at risk, in my judgement substantial risk, of serious harm, perhaps even worse.

“Motor vehicles in the hands of drugged drivers are dangerous. The need for a deterrent and punitive sentence outweighs personal mitigation.”

About Carl Millar

Carl Millar is a highly respected and experienced drink driving solicitor who is the principal of Millars Solicitors.

Carl has been a specialist in road traffic law for many years and represents clients from all walks of life and all over the Country. He is well known for the dogged defending of his clients and robust cross examination of police officers and exert witnesses.

With a wealth of expertise in motoring law Carl is well placed to provide advice over the phone and deal with all road traffic matters in a calm and professional way.

Getting in contact with Carl and Millars Solicitors is really easy. You can call him FREE on 0800 999 5535 or in an emergency you can call on 07855 806119.

Contact Millars Solicitors

Road Ban For “Remorseful” Drink Driver

Magistrates in Swindon have handed a Marlborough man a 17-month driving ban after he was caught drunk in charge of his vehicle in a car park.

Staff at McDonald’s contacted the police after seeing an open beer can in the 23-year-old driver’s car, and officers found him in the car park at 3.15am with the keys in the ignition.

He was found to be twice the legal drink driving limit with 81mcg alcohol per 100ml breath.

Jeremy Griffiths, mitigating, said that the defendant had not been in his right mind at the time of the offence – he was deeply upset following the suicide of a friend a week previously.

“That has really upset him at the time and had really made him not keep himself fully focused,” said Mr Griffiths.

The man worked at the Nationwide Building Society’s head offices in Swindon and was described as a very serious man.

Letters of support from two managers at the company said he had “full potential within the company and had the best level of customer satisfaction”, and Mr Griffiths continued to say that “he is a young man starting out his career. His colleagues have high hopes for his future.”

Addressing the bench, the young man said: The young man addressed the bench personally saying: “I’m standing before you having committed a serious offence. I wish to express my remorse,”

Paul Sample, Chairman of the Bench, told the man on sentencing: “You are a man of previous good character, without a stain, really, on your personal history.

“You are clearly very well regarded by those you work with and it is rare that we have a defendant who speaks from the deck with such clarity and showing such genuine remorse.

The man pleaded guilty to drink driving, with Magistrates imposing a fine of £295 and a driving ban of 17 months.

About Carl Millar

Carl Millar is a highly respected and experienced drink driving solicitor who is the principal of Millars Solicitors.

Carl has been a specialist in road traffic law for many years and represents clients from all walks of life and all over the Country. He is well known for the dogged defending of his clients and robust cross examination of police officers and exert witnesses.

With a wealth of expertise in motoring law Carl is well placed to provide advice over the phone and deal with all road traffic matters in a calm and professional way.

Getting in contact with Carl and Millars Solicitors is really easy. You can call him FREE on 0800 999 5535 or in an emergency you can call on 07855 806119.

Contact Millars Solicitors

Jail For Drink Driver Who Nearly Crashed Into Kids’ Play Area

A man has been jailed at Cardiff Crown Court following a drink driving accident in which he narrowly avoided ploughing into a pub play area filled with children.

Prosecuting, David Pugh showed the court CCTV footage of the Newport man’s vehicle hurtling toward a group of terrified parents and children before stopping just short of the beer garden in which they were sitting.

The incident occurred on a sunny Sunday evening, just after 8pm on June 24. His van hit a kerb and went through the central reservation of the main road on which he was travelling. He ended up on the opposite side of the carriageway beside the pub and then attempted to flee the scene in the damaged vehicle.

Police caught up to him quickly, finding him in a bush holding his mobile phone and an unopened bottle of beer.

Arrested on suspicion of drink driving, tests showed him to have 107mcg alcohol per 100ml breath – the legal limit is 35mcg.

The court heard that the man had suffered a family tragedy, including the loss of a son, and had been suffering from problems with alcohol. This incident put him in breach of three previous community orders.

He had two drink driving convictions dating back to 2008 and 2015, as well as a conviction for criminal damage in which he had smashed windows of a church in Bristol causing £10,000 worth of damage.

Also in Bristol, he was convicted of a public order offence at a Harvester restaurant in which he spat in the face of a female customer and threatened to do the same to a police officer attending that scene.

Most recently he was convicted for assaulting another police officer attending the scene of another incident in which he punched a wall at his mother’s home while “intoxicated”.

Harry Baker, mitigating, asked that the man’s guilty plea be taken into consideration.

Judge Jeremy Jenkins told the defendant: “You drove perilously close to a children’s playing area and a beer garden where people were in the sunshine enjoying food and drink.”

He recognised the man’s “personal tragedy” saying: “It must have had a devastating effect on you, and still does.

“But, you simply cannot continue going on behaving the way you have.

“Since the tragedy, you have lost all self-respect and control. You have become alcohol dependent.

“You put your own life in danger and the lives of other children.”

The man was jailed for 14 months after pleading guilty to drink driving and dangerous driving, as well as banned from the roads for three years and seven months. He was also ordered to pay a victim surcharge.

About Carl Millar

Carl Millar is a highly respected and experienced drink driving solicitor who is the principal of Millars Solicitors.

Carl has been a specialist in road traffic law for many years and represents clients from all walks of life and all over the Country. He is well known for the dogged defending of his clients and robust cross examination of police officers and exert witnesses.

With a wealth of expertise in motoring law Carl is well placed to provide advice over the phone and deal with all road traffic matters in a calm and professional way.

Getting in contact with Carl and Millars Solicitors is really easy. You can call him FREE on 0800 999 5535 or in an emergency you can call on 07855 806119.

Contact Millars Solicitors

Ban For Drug Driver Caught Twice In Five Weeks

A Newcastle man caught drug driving twice in just over a month has been banned from the roads at North Tyneside Magistrates Court.

Police first pulled the man over on the A1 Northbound in Newcastle on February 4, said Lorna Rimell for the prosecution. He was found to be over the drug driving limit for cocaine and sentenced earlier this month.

He was then stopped again in the city’s Quayside area on March 12 while awaiting charges for his first offence.

Ms Rimell said that at around 2.20am: “Officers stopped the vehicle. They requested a specimen of saliva for drugs screening, which showed positive for cocaine.

“A blood sample was later taken, which gave a reading of 32 microgrammes of cocaine. The legal limit is 10.

The defendant has got a previous conviction for drug driving from February 4, so, I believe this case will carry the minimum three-year ban.”

John Williams, defending, told the court that the defendant had entered a guilty plea at the earliest opportunity, also saying: “It’s unfortunate that the court didn’t know about this offence when they dealt with the last drug driving offence and they could have been dealt with together.

“I don’t think there’s any factors that increase the seriousness.”

Having pleaded guilty to drug driving, Magistrates banned him from driving for three years as well as imposing fines of £250 plus to pay £85 costs and a £30 victim surcharge.

About Carl Millar

Carl Millar is a highly respected and experienced drink driving solicitor who is the principal of Millars Solicitors.

Carl has been a specialist in road traffic law for many years and represents clients from all walks of life and all over the Country. He is well known for the dogged defending of his clients and robust cross examination of police officers and exert witnesses.

With a wealth of expertise in motoring law Carl is well placed to provide advice over the phone and deal with all road traffic matters in a calm and professional way.

Getting in contact with Carl and Millars Solicitors is really easy. You can call him FREE on 0800 999 5535 or in an emergency you can call on 07855 806119.

Contact Millars Solicitors

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