Delivery man jailed for driving dangerously
By Court reporter | 17th September 2018
Pizza delivery driver Arturs Kepals, 29, was jailed for 15 months after a jury convicted him of driving dangerously when he smashed his car into a couple walking in the Cotswolds.
Kepals, formerly of Lygon Walk, Cheltenham, but now living in his native Latvia, had denied causing serious injury to Sarah Wain by dangerous driving on 4th November at South Cerney.
Mrs Wain and her husband were struck by Kepals' Vauxhall Corsa van after it collided with a Ford Focus driven by Mary Merrick at the junction of Broadway Lane to the Spine Road at 6.40pm that day.
Kepals admitted his driving was careless when he pulled out from the junction but denied it was dangerous. However, after a retirement of just over two and half hours the jury unanimously convicted Kepals of dangerous driving.
Judge Michael Cullum said that only an immediate custodial sentence could be imposed for such a serious offence and he jailed Kepals for 15 months. Kepals was also disqualified from driving for three years and ordered to take an extended re-test before he can drive again.
The judge said: "On 4th November you took a risk. You were in a hurry. At a difficult junction, you hurriedly rushed straight across.
"You made so few checks of the dangers that you did not even see Mr and Mrs Wain. You have always acknowledged the subsequent devastating collision with Mrs Merrick was your fault
"You, as is your right, had a trial saying it was a mistake. It was not.
"It was criminally dangerous and had a devastating effect on the Wain family. She suffered much greater injury rather than simply serious. They were extremely serious injuries, life changing."
The judge noted the 'brain injury and loss of sight will affect her' for a long time.
"The sentence that I will impose is one within the range that can be suspended, but in my judgement the appropriate punishment can only be achieved by immediate sentence of imprisonment."
When the trial started, prosecutor Ken Bell told the jury of seven men and five women "It was a bad error of judgement that almost cost the lives of two people."
The court heard that after Kepals hit Mr and Mrs Wain, who were stood by the side of the road, an air ambulance attended, and Mrs Wain was then in an induced coma for five weeks.
"She had many fractures, brain injury, fractured neck and pelvis, a punctured lung, right eye nerve damage and she still now uses a stick to walk," he added.
Mr Wain had a damaged knee, internal chest damage, and his chest cavity filled with blood.
Mary Merrick, the driver of the vehicle Kepals pulled out in front of, suffered a broken wrist, bruising to her chest and pelvis, added the prosecutor.
Kepals himself suffered only minor whiplash, and was released from hospital later that day.
"The defendant was driving a white Corsa van, delivering pizzas. He stopped behind a red Citroen at a give way junction," said Mr Bell.
"The couple in the Citroen were stationary - Mr and Mrs Wookey - and when it was clear for them to turn left, they did.
"They drove along the road," the prosecutor said, "they then heard the revving engine and heard the defendant's vehicle accelerate in to the junction fast."
Mr Bell said "Mrs Merrick was driving a Ford Focus and it was her right of way, she was doing 50mph. The speedometer stopped in the crash so we know the speed.
"There was no chance to avoid the collision and it smashed into the passenger side of the white van.
"He left the road and collided with Mr and Mrs Wain who were standing on the road at a pedestrian crossing.
In his evidence, Kepals said that he did stop at the junction, but was challenged by Mr Bell as he had said that he had no memory of the collision in a defence case statement.
Kepals replied: "I don't know. This is my first time in court. I am not able to answer questions as well as you are able to ask questions."
Related Articles
Copyright 2024 Moose Partnership Ltd. All rights reserved. Reproduction of any content is strictly forbidden without prior permission.