Chippenham garage boss escapes ban after knocking down cyclistFrom: swldx...@gmail.comNewsgroups:
Thu, 23 Jun 2022 09:36 UTC
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A WELL-known mechanic has escaped a driving ban after a cyclist was left requiring hospital treatment and his bike written off in a crash.
Clive Peter Anstey, owner of Clive Anstey Motor Services (CAMS) in Chippenham, was facing a driving ban after he knocked over a cyclist whilst on his way to work.
CCTV footage shown to the court shows Anstey’s Nissan GTR cutting the corner at the junction of Cricketts Lane and London Road in Chippenham, and knocking over the cyclist.
But Anstey’s advocate claimed that he “just very narrowly clipped the corner of the T-junction” and “didn’t see the victim because of the low sun”.
Anstey was fined and ordered to pay £1,000 in compensation.
Swindon Magistrates’ Court heard on Thursday last week (June 16) that the 49-year-old was driving to work on February 28, 2021 at around 9.10am when the crash occurred.
The cyclist, wearing high visibility clothing and a helmet with lights attached to his bike, positioned himself in the right-hand side of his lane at the junction waiting to turn, prosecutor Asha Seenauth said.
But Anstey came from his left, hitting him “head on” and leaving the cyclist “distressed” and “very shaken”.
Ms Seenauth told the court that the cyclist suffered rib and leg injuries and had to be taken to Bath hospital for treatment.
Despite Anstey claiming he couldn’t see the cyclist because of the low sun, Ms Seenauth said: “The Crown’s case is that it’s the wrong side of the road that causes the direct collision.”
She said that whilst Anstey, of Lowden, is of previous good character, he had seven points on his licence for two previous speeding offences.
The prosecutor added that she placed the incident in the greater harm sentencing category, meaning Anstey faced five points on his licence – leading to a totting up disqualification.
Defending, Oliver Small said that Anstey made a “minor and momentary error of judgement”.
“The defendant intended to turn right onto Cricketts Lane, and just cut the corner, and didn’t see the victim because of the low sun.
“Mr Anstey accepts that he made an error in judgement for a second or two,” Mr Small continued, adding that he “showed immediate concern for the cyclist and offered to call an ambulance” which was declined.
Mr Small said that the married father-of-two’s garage would lose two contracts if he lost his driving licence. He said that CAMS services private ambulances, with the defendant the only employee with the correct licence to drive the vehicles.
“They would lose that contract, and they would probably have to make a member of staff redundant as there would be so much less work to do.”
He also said that the garage look after minibuses for a school with children with behavioural issues, with Anstey picking them up and dropping them off at school.
Anstey pleaded guilty to driving without due care and attention.
After magistrates heard submissions, they placed the matter in the “lower harm” category, and gave him four points on his licence. This means he did not face a driving ban.
Instead, he was fined £186, and ordered to pay £1,000 in compensation.
He must also pay £250 in costs and a £34 victim surcharge.