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aus+uk / uk.rec.cycling / Drink driver jailed for causing death of 'wonderful' Newcastle woman out cycling on New Year's Day

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o Drink driver jailed for causing death of 'wonderful' Newcastle womanSimon Mason

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Drink driver jailed for causing death of 'wonderful' Newcastle woman out cycling on New Year's Day

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Subject: Drink driver jailed for causing death of 'wonderful' Newcastle woman
out cycling on New Year's Day
From: swldxer1958@gmail.com (Simon Mason)
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 by: Simon Mason - Tue, 3 Oct 2023 17:35 UTC

A drink driver who ploughed into a cyclist and fatally injured her on New Year's Day has been jailed.

Craig Wagner was still over the limit and breaking the speed limit when he lost control as he drove home early on January 1 2022. His car hit Laura Duncalfe, who had been for an early morning ride to Tynemouth and was heading back to her home Newcastle.

The 31-year-old suffered serious head injuries and died on January 23. Now Wagner, who admitted causing death by careless driving while over the drink drive limit, has been locked up for 32 months at Newcastle

The court heard that on the morning of New Year’s Day 2022, at approximately 6.40 am, Laura set off on a bike ride from her home in Spital Tongues, riding to Tynemouth, returning along the riverside on Cycle Route 72 in a westerly direction. At 9.08am she joined St Lawrence Road, Newcastle, and paused at the entrance to a small car park on the north side of the road, opposite the junction of Foundry Court. She had a Garmin cycle computer attached to her bicycle handlebars, which tracked her journey via GPS.

Ian West, prosecuting, said: "The defendant was driving a silver Peugeot 208 in a westerly direction along St Lawrence Road. He had spent New Year's Eve in the company of friends, drinking at the flat of one of the friends, then going into Newcastle city centre to continue the evening. He had arrived at the flat, a few hundred yards to the east of the collision site, at approximately 7pm, having driven there in the Peugeot, which he parked on the road near to the flat.

"Between 7pm and about 9.30pm, the defendant and his friends were drinking alcohol in the flat prior to going into Newcastle by taxi. There, they visited a number of bars. The defendant is captured on CCTV footage in the city centre at after 3am.

"One of the friends returned at 4.45am to find the defendant sleeping in his bed. He woke him, and the defendant moved to the sitting room. At approximately 9am, the defendant left the flat and got into his car to return home.. His route took him in a westerly direction along St Lawrence Road.

"The speed limit for St Lawrence Road at that point is 20 mph. While approaching a nearside left-hand bend prior to Foundry Court, the defendant’s car moved into the opposite side of the road. The offside front wheel of his vehicle struck the kerb on the north side of the carriageway, deflating the front offside tyre, mounted the pedestrian pavement and collided with Laura Duncalfe, who was still seated on her pedal cycle."

The court heard that although Laura’s cycle had GPS tracking attached, the margin for error in the device means that it is not possible to say precisely where Laura was seated on her cycle when she was struck – possibly in the mouth of the entrance to the parking area. Mr West said the collision occurred on the north side of the road and the debris field indicated that it was after the vehicle had struck the north pavement, causing the tyre deflation.

The impact caused significant damage to the front passenger side of the Peugeot, the bonnet and windscreen. Laura’s helmet remained embedded within the windscreen. She sustained serious head injuries from which she died 22 days later.

Wagner remained at the scene, and rang for an ambulance, saying that he had collided with a cyclist. When asked by police at the scene what had happened, he said: "I was going around the corner, erm lost control because I was going about 30 maybe 40 and I just crashed into her."

He provided a positive breath test at the scene and later, at the police station at 10.15am, he gave two samples of breath, with a lower reading of 47 microgrammes of alcohol in 100ml of breath. The legal limit is 35.

He later gave a prepared statement, saying: “I accept that I was the person driving when the collision took place, I pulled out to overtake a parked car, my recollection is that I saw a cyclist on the road coming towards me, she moved towards my left and so I moved to the right to go around her, however as I did this she swerved back to my right as well, she was on the road not the pavement when the collision took place although I went onto the kerb afterwards."

He added: “After the collision I went to her to provide assistance and I phoned an ambulance; I went back to my car to get something to put over her, I moved my car and the cycle in order to make sure the road was clear for the ambulance”

A forensic collision report found no evidence to suggest Laura was in any way at fault and Mr West, referring to the report, said it found: "Craig Wagner lost control of his vehicle due to inattention whilst travelling well in excess of the 20 mph speed limit. Whilst he attempted to steer and brake prior to striking the kerb to his offside, he was unable to regain control of his vehicle prior to the impact. The front of the Craig Wagner’s Peugeot motor car collided with the pedal cyclist, Laura Duncalfe, at a point most likely to have been to the north side of the eastbound lane of the main carriageway, within the junction mouth, or a combination of these locations."

As well as the 32-month prison sentence, Wagner, 31, of Clarence Terrace, Willington, County Durham, who has no previous convictions, will be banned from driving for five years after he is released and will have to take an extended driving test to have any chance of getting his licence back.

Paul Cross, defending, said: "It is arguable that, although this is not a momentary lapse of concentration case, the actual cause of the loss of control of the vehicle was a momentary lapse. The defendant clearly failed to anticipate the upcoming bend and so lost control of his vehicle."

He added: "Not only does the defendant have no convictions or cautions, he had a good career, he was buying a house and has a pet dog. He is otherwise a thoroughly upright citizen. Character references have been uploaded.

"It is plain that this incident has had a very big effect on the defendant. The defendant is someone who has been actively involved in charity work.

"This is a case where there is genuine remorse as evidenced by the letter from the defendant and reflected in the character references. He remained at the scene of the collision and did what he could to help Laura.

"This case is undoubtedly a terrible tragedy for Laura and her family, but it is also a tragedy or the defendant who will lose his career and his house. Whether he will be able to start again from scratch is an uncertainty."

Paying tribute, Laura's family said previously: “Laura was a wonderful partner, daughter and sister. She worked tirelessly for the benefit of others and lived her life courageously and to the full. She will be sorely missed by us all.”

https://www.chroniclelive.co.uk/news/north-east-news/drink-driver-jailed-causing-death-27827577

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