News Pensioner hit by drink-driver on food quest
A young man from Gilberdyke was banned from driving for two years earlier this week after he admitted hitting a pensioner with his car and pinning him to a hedge whilst three times over the limit.
Benjamin Barker (21), of The Paddock, pleaded guilty to driving whilst over the prescribed alcohol limit and driving without due care and attention when he appeared before Goole Magistrates' Court on Tuesday.
Prosecuting, Julie Laverack Glanville told the court that Mr Ray Philips was on Clementhorpe Road in Gilberdyke, walking home from a pub in the village shortly after midnight on December 15, 2007, when Mr Barker came speeding along the road in a BMW, mounted the kerb and ran into him.
The force of the impact led to Mr Philips being pinned between the car and a hedge, and caused him severe leg and head injuries. Police, an ambulance and a fire crew arrived and Mr Philips had to be cut free from the wreckage before being taken to hospital.
When providing a police breath test, Mr Barker was found to have 105mcg of alcohol in 100ml of breath. The legal limit for a driver is 35mcg.
Mrs Laverack Glanville told the court that Mr Philips had suffered a compound fracture to his leg as a result of the crash. It was not known what the long-term effects would be.
Defending, Shaun Pinchbeck said that on the night in question Mr Barker had walked to a local pub to meet some friends, where he drank three pints of beer and had two shots.
He then got a lift from a friend to North Cave, where he drank two further pints of beer, before being dropped off at home again.
Mr Pinchbeck told the court: "It was when Mr Barker arrived back at home that he realised he was hungry because he had not eaten since lunchtime, so he made the ridiculous decision to get into his dad's BMW, which he was insured to drive.
"He stupidly got in the car to drive to Newport for a take-away. He was a mile away from home when he realised that he should not be driving."
Mr Pinchbeck said that Mr Barker turned around and drove home along the main road, but 'felt the back of the car go" as he drove around a bend, where he collided with Mr Philips.
Mr Pinchbeck added: "The collision was not caused by the pedestrian crossing the road, but Mr Barker did not control the vehicle on the bend.
"He was apologetic with the police and right from the outset his main concern was the welfare of the pedestrian."
Magistrates told Mr Barker on Tuesday: "We have taken into account the fact that you have shown great remorse, and we think you have learned from this."
Mr Barker was banned from driving for 24 months, and was ordered to complete 200 hours of unpaid work as part of a community order. He was also ordered to pay £55 towards court costs.
Published on 10th January 2008 in News.
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