Oliver defended the driver of a motor car charged with two counts of causing death by careless driving whilst over the prescribed limit. The two deceased were the rider and passenger of a motorcycle and the incident happened on Broadway West, Walsall, in March 2018, when the defendant was crossing the carriageway to drive onto their driveway. When they did, their car was struck on the passenger side by the motorcycle, travelling at approx 80mph.
The defendant had previously had his licence revoked, had previous convictions for excess alcohol and was found to be over the prescribed limit at the time. The issues for the jury were whether they were over the limit at the time AND whether the driving was without due care and attention.
The prosecution asserted that they were over the limit and that the drink may have impacted upon their judgment. The defendant had said in interview that they had never seen the motorcycle coming. The prosecution stated that although travelling very fast, the motorcycle was there to be seen and the defendant either did not see it, or misjudged the circumstance before manoeuvring.
In the trial, the defendant did not necessarily accept that they were over the limit (as they had taken alcohol after the collision). They were found guilty of the alternative verdict of driving with excess alcohol and got 6 months because of the circumstances of the incident, but also due to a history of drink driving. In essence, the verdict meant that although over the limit, the defendant’s driving itself was not without due care and attention.
This case received local press interest and was report in the Express and Star here.
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