A 22-year-old warehouse worker has been jailed following a drink driving accident in which three people were injured, two of them seriously.
The man had downed half a bottle of vodka, plus taken another four shots of the same, as well as two pints of beer before setting off in his Audi.
The defendant, the drivers of the other two vehicles involved in the accident, plus a passenger, were all injured in the collision, with one still in recovery and having to learn to walk again.
Anthony Bartholomeusz, prosecuting, explained to Maidstone Crown Court how the man lost control of his vehicle as he attempted to overtake a Ford Mondeo on the A228 at 1am on October 7, 2017.
As he attempted the manoeuvre he bumped the rear off-side of the Mondeo, making it veer into the path of an oncoming Peugeot with which it collided head-on.
The Peugeot careered off the road, digging into a verge and flipping onto its roof while the Audi span off the carriageway, coming to a halt amongst trees and bushes.
Both the drivers of the other two cars had been driving in a careful and competent manner, said Mr Bartholomeusz, and the Audi driver had accepted culpability for the accident and admitted to police officers how much he had drunk that night.
Blood tests showed him to have 138mcg alcohol per 100ml blood – the legal drink driving limit is 80mcg.
The Peugeot driver suffered three broken ribs, fractures to his pelvis and foot, and severe bruising to his heart and lungs, while his wife suffered a bruised lung and bruising to the back of her head.
The driver of the Mondeo is “on the road to recovery”, but in the slow process of learning to walk again after suffering four broken ribs, fractures to his pelvis, forearm, kneecap, and right ankle, and requiring a skin graft from his thigh.
It is unknown whether he will be able to return to his job, also working in a warehouse.
“There is serious aggravation in this case,” said the prosecution.
“Three people were hurt and two were caused serious injury. The defendant was driving with excess alcohol.”
Mitigating, Alexander Stein said that his client had no previous convictions and that it was the consumption of alcohol that made the driving dangerous.
“He is extremely remorseful. He has written a letter to the Rowes and the Greens.
“He is very sorry for what he has done.
“At the time he had only been driving for about a year. If he hadn’t consumed alcohol his case may well have been dealt with by careless driving or dangerous driving.”
“It may be in a case like this with a young man the court can show some leniency and suspend the sentence and impose strict conditions in relation to unpaid work,” he added.
Judge Charles MacDonald, QC, said upon sentencing: “This is a very sad and serious case. Very serious injuries were suffered by two other drivers.
“Both families were heavily affected, and still are affected.
“The defendant will never forget this incident. It is my duty to punish him and deter others.
“There is absolutely no doubt the appropriate punishment can only be achieved by immediate custody.”
He added that it was the impairment of being “significantly intoxicated” that led the man to take the decision to overtake.
“It was grossly unsafe to do so.
“Very serious injuries were suffered by the drivers, happily falling short of life-changing injuries.
“I reject the argument that inexperience contributed to these collisions. They were due to drinking.”
Judge MacDonald sentenced the man to 22 months in prison after he pleaded guilty to two counts of causing serious injury by dangerous driving and one count of drink driving while over the prescribed limit.
He was also banned from driving for three years once released.
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 click here to send a confidential message.
