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Mobile Phone Offences

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

Hundreds Caught Every Week Driving With Mobile Phone

Despite a crackdown by the government and police last year with new, stiffer penalties introduced, on average 500 people are still caught every week driving while using their mobile phone.

In the year to March 2017 – one year on from the introductino of harsher penalties – 26,000 people were caught driving while using their mobile phone, with 500 of them receiving an automatic ban as they had been driving for less than two years.

Since March 2016 drivers caught using a mobile behind the wheel face six points on their license and a fine of £200.

In 2016, 35 people were killed in accidents where the driver was found to be distracted by a mobile phone, according to figures from the Department for Transport.

Recently a learner driver received a jail sentence following an accident which seriously injured her half-sister. At the time of the accident, the driver was on a two-minute video call with a friend which left her so distracted that she failed even to brake before the collision. Her passenger suffered “life-changing injuries”.

West Mercia Police’s Chief Constable Anthony Bangham, Road Policing Lead for the National Police Chief’s Council, said that people were still very much underestimating the risk of driving while using a mobile phone.

Jesse Norman, Road Safety Minister, said, however, that the new penalties had “proven to be a strong deterrent”, despite the new figures. “Everyone has a role to play to encourage drivers to put their phone away and not use it at the wheel,” he said.

The RAC’s road safety spokesman Pete Williams said: “Drivers really need to ask themselves what is so important that they must risk their life, and the lives of others, by using a handheld mobile phone at the wheel.”

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 Man Who Killed Two Women While Driving With A Mobile Phone

A man has been jailed for 6 years after being found guilty of killing two women because he was texting his girlfriend instead of watching the road.

The two young women were part of a group of five friends, crossing the road in clear visibility in Preston, Lancashire. One girl died at the scene, the other a few hours later, and one other girl was seriously injured when the account’s BMW ran into them on April 20, 2016.

The defendant, 26, admitted careless driving but denied that his driving was dangerous as he took his mother and sister on a shopping trip.

Examination of his phone by investigators revealed that the man had sent two text messages to his girlfriend at 6.12pm to find out where she was.

His girlfriend replied at 6.37pm saying she was at a friend’s, to which he asked: “Her house?” via text message.

He sent that message 42 seconds before dialling 999 from the scene of the accident, Preston Crown Court heard.

The defendant claimed to have sent the text at a set of traffic lights while he was stationary before putting his phone back in the drivers-side pocket. A witness, however, said that the defendant had overtaken him not long before the accident and, on glancing over at the defendant, saw that he was holding a mobile phone and resting it on the steering wheel.

Concluding that the man had been distracted by his phone for a “considerable period of time” before the collision, Judge Robert Altham said: “No text message was so urgent that it was worth the lives of these two young women,”

“This was plainly an avoidable distraction. So distracted was he that at the point of collision he may as well have been driving with his eyes closed,” continued the Judge.

“He deliberately concentrated on his phone rather than the road ahead. He was not on the phone in terms of speaking on it but he was sufficiently distracted that he did not see what was absolutely obvious in front of him.”

Judge Altham went on to say that the defendant had shown “no significant remorse” but rather “sadness for the predicament he now finds himself in”.

It was also noted that the man was issued a fixed penalty notice in 2014 for using his mobile while manoeuvering in a car park.

“Whatever the circumstances, it was the clearest possible indication of the importance of not using a mobile phone in the car. An indication he would have done very well to heed. He ignored it.”

The man was convicted and sentenced to six years in prison for causing death by dangerous driving at this, his second trial. The first came to an end after the jury was unable to reach a verdict.

The man was also banned from driving for nine 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

Two Men Fined In Poole After Mobile Phone Driving

Two separate cases have been heard at Poole Magistrates of men charged with driving while using a mobile phone.

The men, whose cases were heard separately, both received fines and points on their license, and one of them received a six-month ban.

In the first case, a 24-year-old man from Kent was found guilty after being caught using his mobile at the wheel in the Christchurch area on July 27, 2017. In his absence, he was fined £200 and ordered to pay a £30 victim surcharge, as well as receiving six endorsements on his license.

In the second case, a 39-year-old Bournemouth man pleaded guilty to driving while using his mobile phone having being caught in the city on September 8, 2017.

Magistrates fined him £220 with £300 costs, plus a £30 victim surcharge and six points on his license. As it was not the first time he had appeared in court for driving offences, he was also banned from driving for six months.

Since the law changed in March 2017, the penalty for using a mobile phone while driving is a minimum of six points on the license and a fine of at least £200.

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

Fatigued Mobile Phone Driver Jailed For Killing Cyclist

A man has been jailed for three years after killing a cyclist while he was talking on his mobile phone after 17 hours at the wheel.

The 28-year-old defendant was also speeding when he collided with his 57-year-old victim, sending him flying into a hedgerow on the A50.

James Moore, prosecuting, told the court that at 7.50pm on June 15, the cyclist was part of a group of 16 members of a cycling club who were taking part in a time trial when the accident occurred.

The van driver, who had previous convictions for driving without due care and attention, had been on the phone to a friend for around 30 minutes at the time of the accident. It was not possible to say, however, whether or not he had been using a hands-free device.

The man had been at the wheel for 17 hours, having started work at three o’clock that morning and travelled 600 miles when he hit the former council worker at 69mph – 9mph over the speed limit for his vehicle.

In addition to driving without due care, the defendant also had previous convictions for failing to stop following an accident, failing to report an accident, and driving while using a mobile phone. He had been subject to a six-month driving ban and had 11 points on his licence.

“[The victim] was a regular and experienced rider and, very sadly, as a result of the collision he was projected between 35m and 40m into hedgerow at the side of the road and suffered fatal injuries,” explained Mr Moore.

“The visibility was excellent, the weather conditions were dry and the road was light with traffic.

“There were no defects on [the driver’s] vehicle that would have contributed to the cause of the collision.

“One witness who was behind the vehicle being driven by [the defendant], importantly, described how he did not swerve or brake and following the collision he continued on as though he was unaware a collision had taken place.”

It was nearly a mile later when the van driver did finally pull over, with witnesses describing him as “visibly upset”.

Mr Moore said: “He started work that day at 3am and had driven in excess of 600 miles.

“He would have been suffering significant elements of fatigue.

“Evidence also shows he had been talking to a friend on his mobile phone for 32 minutes and that call ended five seconds after the collision.

“In summary, we say he did not divert from his course, he clearly did not see [the victim], but he should have.”

The court heard that the driver had been working such long hours because he was employed under a zero-hour contract.

Nicholas Syfret, mitigating, explained that his client was a father-of-two, aged six and nine, saying he was “a responsible and doting father whose family ties were very much the centre of his life.”

“It is very hard for those who are the victims of a person’s criminal behaviour to appreciate that person can be a very nice, very decent, human being.

“Why did this accident happen?

“The only rational explanation is that he did not see the cyclist.

“He should have done, others did.”

Judge Shaun Smith QC said: “There is no price on human life, there never can be. I have heard how [the victim] was a good man, a popular man who, along with his wife, lived an active life and who made a positive contribution to society.

“Tragically, he died as a result of the way you drove on that day which was way below an acceptable standard.

“Other drivers had no problem negotiating him and the other cyclists who were taking part in a time trial that day. You, however, did not swerve and did not deviate from your path when you struck him.”

The man, who had recently moved to Kings Lynn, Norfolk, pleaded guilty to causing death by dangerous driving. He was sentenced to three years in jail.

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

Rochdale Mobile Phone Driver Gets 12-Month Ban

A 25-year-old man from Rochdale has been banned from the roads for 12 months after crashing into another vehicle on M4 in South Wales because he was distracted by his mobile phone.

Witnesses saw the man swerving across the full width of the motorway in a 4×4 and talking on his phone before running into the back of another vehicle near Port Talbot.

Ashanti-Jade Walton, prosecuting, told Swansea Crown Court that, travelling eastbound, he was seen moving from the near-side lane to the hard-shoulder and then to the outside lane prior to the collision between junctions 42 and 41 on December 2017.

He had been on the phone dealing with issues regarding his mother, who was unwell in Sri Lanka, and matters relating to work. He was in the region to attend a religious festival.

Judge Peter Heywood said that the defendant had clearly not been in control of the vehicle, that apparently belonged to his cousin and he was uninsured to drive. He said the reason that the man did not have control was that he was using his mobile phone while driving.

Adding that it was a serious offence, Judge Heywood also said that it could be handled through a community order.

Speaking through a Tamil interpreter, the man pleaded guilty to dangerous driving, driving while using a mobile phone, and driving without insurance.

In addition to the driving ban, he was also handed a 12-month community order for 120 hours unpaid work and had points added to his license.

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 Caught Using Mobile Phone At The Wheel

A man has been convicted of drug driving by Kirklees Magistrates after he was caught driving while using his mobile phone.

Police officers saw the motorist using his phone on February 20 in Dewsbury and pulled him over before noticing the smell of cannabis coming from his Audi.

Andy Willis told the court for the prosecution: “He initially caught the attention of police because he was using his mobile at the time.

“The defendant was invited into the back of the police vehicle and while speaking to him they could smell cannabis coming from him.”

The man was arrested and taken to Huddersfield Police Station after a roadside drug swipe showed the presence of the class B drug in his system.

Subsequent blood tests showed the driver, who appeared in court in 2016 on possession charges, to have more than 7mcg D9-THC – the active ingredient in cannabis – in his system. The legal limit is 2mcg.

Daniel Metcalfe, mitigating, explained that his client had been driving to see his daughter who was unwell.

“He had smoked cannabis in the morning and made the decision to drive the vehicle not feeling that he was impaired.

“The reason police were drawn to him was because he was fiddling with his mobile phone and not due to a poor standard of driving.”

The man pleaded guilty to drug driving and was banned from the roads for 12 months, fined £120, and ordered 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

Jail For Lorry Driver Who Caused Fatal Accident By Using Mobile Phones While Driving

A Newark lorry driver who caused a fatal smash because he was driving distracted by two mobile phones and his satnav has been jailed for three-and-a-half years for causing death by dangerous driving.

The 36-year-old man pleaded not guilty to the charges at Nottingham Crown Court but was sentenced after a four-day trial.

The Court heard how at just after 8am on 12 December 2016 the defendant was driving a 38-tonne, fully laden articulated lorry, which collided with a Ford Transit van near Hockerton on the A617. The 58-year-old van driver died as a result of his injuries.

The driver’s dashcam, as well as his personal and work mobile phones, were used in evidence showing he had taken calls on both phones and been programming his satnav while driving.

The driver had ended a call just prior to the collision, and moments later had lost control of his vehicle and crossed the road into the path of the Transit Van. The driver of the van had no time to avoid the oncoming lorry.

Detective Sergeant Adam Cooper from Nottinghamshire Police’s Serious Collision Unit said: “This incident shows the catastrophic impact that inattention whilst driving can have. [The driver] was effectively at the hands of a lethal weapon and he showed complete disregard for the power of the machine he was driving.

“[The victim’s] death was completely avoidable. His family are left picking up the pieces and the Christmas period will now serve as a constant reminder of the tragedy. [The driver] is beginning a prison sentence and leaving his own family to cope with the impact of that.

“I cannot emphasise enough that whilst driving, full attention needs to be given to what is happening on the road. Distractions such as using mobile phones and sat navs  can, in a moment, have devastating consequences that impacts on many lives.

“Nottinghamshire Police Collision Investigation team will bring those that cause death or serious injury before the courts.

“The message is simple: no phones, no distractions, no excuses.”

The driver of the lorry was jailed for three-and-a-half years and banned from driving for a further three years. Should he wish to drive again he must take an extended retest.

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 Road Ban For Two Drug Driving Repeat Offenders

Suffolk Magistrates have heard the cases of two men caught drug driving in separate incidents during the anti-drink and drug driving campaign in the county in December 2017.

Both men had previous convictions for drink driving or drug driving within the last ten years and faced an automatic three-year driving ban.

Colin Woodman, 30, was apprehended after police received a tip-off from a member of the public. Testing showed him to be 14 times the legal limit for the horse tranquiliser ketamine, with 276mcg of the drug per litre of blood. The legal limit is 20mcg.

He was last in court on drug driving charges in December 2011.

Woodman said: “I never intended to come back here.

“I had a problem with ketamine use, which I had taken care of, but I used it again on this occasion.

“I didn’t use it in an abusive way, or for an addiction, and I hadn’t taken drugs in three months, but I stayed at a friend’s house and took it the night before being stopped.

“I wish it hadn’t happened.

“I don’t think my driving was impaired at the time – or that I was stopped for that reason.

“I was surprised to find out I was that far over the limit, but the facts are the facts.”

The second case before Suffolk magistrates was that of Edmund Gilbert who was pulled over during the same campaign. He was found to be under the influence of cannabis with 7.8mcg D9-THC in his system against the legal limit of 2mcg. He was also caught in possession of eight grams of the drug.

Representing Gilbert, Claire Lockwood said that her client, a tree surgeon, used the drug to self-medicate his depression. He understood, however, that he had committed an offence.

Gilbert was last in court in 2016 where he received a ban for drink driving.

Both men pleaded guilty to drug driving charges and were banned from driving for 36 months.

Additionally, Woodman received a fine of £200 and was ordered to pay £85 costs and a £30 victim surcharge. Gilbert was fined £230 for drug driving, £50 for possession of the drug, and was also ordered to pay costs and the victim surcharge.

AND IN MOBILE PHONE NEWS

Jail For Mobile Phone Driver Following Fatality

A 42-year-old former HGV driver, who was sacked from his job because he was caught using his mobile phone while driving, now faces jail after being found guilty of killing a pedestrian because he was again distracted by his mobile phone.

Robert Morris, 57, was crossing the road after a few drinks in his local with his brothers when Steven Russell ploughed into him. He died three days later in hospital.

Prosecuting, Cathlyn Orchard told the court: “The defendant later told the police he had seen Mr Morris as he traversed the two lanes on the opposite carriageway and running on to the grass verge before crossing on to his side of the carriageway.

“The defendant could and should have taken action to avoid Mr Morris. The only explanation is that he was not paying attention, that he had been distracted in some way.”

Having seized Russell’s phone, detectives discovered messages indicating that the phone “had been active around the time of the accident”.

Russell collided with Mr Morris with such force that he was thrown into the air, landing behind the vehicle.

He was rushed to University Hospital with “multiple and severe injuries” after Russell stopped and dialled 999.

Miss Orchard said that a text message was sent from Russell’s mobile phone two minutes and 40 seconds before calling emergency services, and a response was received 36 seconds prior to the call.

During his police interview, Russell told officers that he did not use his phone to send messages while driving, but on this occasion had sent one while being stopped at a red light before putting his phone away.

“Are you forgetting the other time when you were using a phone at the wheel? Were you driving while filming?” said Miss Orchard.

“You were using a phone to record an accident, which you then loaded on to social media. You did this all the time while driving a lorry.”

Russell responded: “Do you seriously think I intended to do this? I had no intention of hitting that poor man and destroying two lives.

“I strongly resent it being suggested I hit that man deliberately. It was a freak accident. Two lives and two families were destroyed that night.”

The jury found Russell guilty of causing death by dangerous driving. Judge Andrew Lockhart remanded him in custody pending a sentencing hearing, indicating that he would be remaining in prison for some time.

AND IN DRINK DRIVING NEWS

Ban For Drink Driver After Wife Reports Him

A Yeovil man caught drink driving at twice the drink driving limit following an argument with his wife about her affair has been banned from driving for 20 months.

Maciej Zukowski, 24, went out for cigarettes and, despite having been drinking, decided to drive.

Several members of the public, including his wife, rang the police with concerns about his driving. Zukowski was spotted by officers on patrol in Yeovil who pulled him over and breathalysed him, having followed him for a few minutes.

Emma Lenanton, prosecuting, told Yeovil Magistrates court: “They had received information during the evening in relation to the manner of driving of that car which had caused a number of members of the public concern.

“They followed it along Wyndham Street, Sherborne Road and St Michaels Avenue and then lit their blue lights and it pulled over in Matthews Road.

“Zukowski was the driver and he smelt of alcohol so the police asked for a roadside breath test to be completed which he failed and was arrested.”

Subsequent tests showed him to have 84mcg alcohol per 100ml breath, more than twice the legal drink driving limit of 35mcg.

Zukowski, who chose to represent himself, explained that he had been going through a difficult time with his family and had also had a serious argument with his wife that night.

“I found out that she had been with my friend and that was why we argued, however, our son was asleep and I didn’t want to continue the argument with her and that’s why I was very upset,” he said.

“I didn’t have any cigarettes and so decided to go into town and get some and that was when my wife reported me to the police.”

“I felt alert and didn’t feel under the influence of alcohol, and if I had known I was drunk then I wouldn’t have got behind the wheel. I also had not eaten anything that day which may have led to the high reading.”

Zukowski pleaded guilty to drink driving and was banned from the roads for 20 months, fined £288 and ordered to pay £85 costs and a £30 victim surcharge.

AND IN MORE DRINK DRIVING NEWS

Jail For Jersey Drink Driver Who Didn’t Remember Driving

A Jersey Magistrate has jailed a 53-year-old man who had “the highest reading I have ever had to sentence on” after he was caught driving at five times the legal drink driving limit.

Gabriel Eugenio Clemente Estevas was so drunk he did not remember picking up a colleague at 7am or driving him around the town centre. He also injured a pedestrian after crashing into a barrier.

Lauren Hallem, prosecuting, explained that Estevas crashed the van into a barrier which was connected to another, which in turn shunted the pedestrian beside it. “The pedestrian did not fall over, but was in pain,” she said.

Estevas’s passenger got out the van to check on the pedestrian, but Estevas himself did not, and was seen slumped over the steering wheel. At this point, the pedestrian called the police.

As the police were called Estevas drove off, running through a red light, witnessed by an off-duty police officer. He was also seen starting and stopping the car and drifting between lanes, while his behaviour on a roundabout was described as “strange and unpredictable”.

A police sergeant finally arrested him after witnessing the van remain stationery through a full cycle of traffic lights from red to green and back again. The officer reached in through the window and took the keys.

Subsequent testing showed that Estevas had 175mcg alcohol per 100ml breath, where the legal limit is 35mcg. He also had a drink driving conviction from 2004 where he was found to have 133mcg alcohol per 100ml breath.

Assistant Magistrate Peter Harris said: “In my view, the question of public safety must take priority over personal circumstances. As this is his second band D offence [drink-driving] in four years, I cannot avoid a custodial sentence.

“I think it is safe to say that this is the highest reading I have ever had to sentence on and is exactly five times the legal limit.”

Estevas was jailed for nine months after pleading guilty to drink driving, careless driving, failing to stop and report an accident, and failing to comply with a traffic signal. He was also banned from the roads for 54 months and must retake his test before driving again.

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

Driving With Mobile Phone Gets Disqualified Driver Caught

A 34-year-old man has been banned from driving for two years after being caught using a fake driving licence because he was seen using his mobile phone behind the wheel.

Officers on patrol spotted Christian Matache driving while using his mobile and pulled him over, at which point he presented a fake driving licence.

Prosecuting, Sabrina Naz told North Staffordshire Justice Centre: “Two officers were travelling, in an unmarked police car, southbound along the A500 towards the A50 when they saw the defendant driving alongside them holding a mobile phone.

“They illuminated the blue lights and safely stopped the vehicle on the A50 roundabout at Sideway.

“The defendant was asked to produce his driving licence. He provided a Romanian licence. An officer became suspicious because one of the security features did not look as it should.

“The police made contact with the national document fraud unit, who confirmed from viewing a photo that it was counterfeit.”

Further checks made by the police found that Matache was not listed as insured to drive the vehicle, and on being questioned about the fake documentation, he said he had paid an unknown male to provide it.

Representing himself in court using an interpreter, Matache explained that his wife had complained of feeling unwell after undergoing recent surgery. He received a call while working at a car-wash and, panicked, hurried to help her, setting off on the six-mile journey during which he was spotted and subsequently arrested.

Originally from Romania, Matache had no previous convictions and pleaded guilty to possessing a driving licence with intent to deceive, driving other than in accordance with a licence, driving without insurance, and using a mobile phone while driving.

He was banned from driving for two years and handed a 12-month community order. Magistrates also ordered him to undertake 200 hours of unpaid work and pay £135 costs and a surcharge of £85.

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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