On 01/01/2024 10:11 pm, Simon Mason wrote:

A MAN from Ebbw Vale has been jailed after a "shocking" crash on the Heads of the Valleys Road which could have had even more "terrifying" consequences, according to the judge.
Gethyn Prosser, of Emlyn Avenue, Ebbw Vale, had previously pleaded guilty to causing serious injury by dangerous driving and to driving while under the influence of alcohol.

For the avoidance of doubt: "DUI" and "over the limit" are not the same offence.

"DUI" was an offence before the 1967 Act which brought in the
breathalyser and other testing technology. And it still is.

The 43-year-old was up for sentencing in Cardiff Crown Court earlier today. CCTV played to the court showed Jordan Holly leaving the car wash near the roundabout above the A465 Heads of the Valleys Road.
As he passes the slip road up from the A465, the defendant’s vehicle can be seen travelling onto the roundabout at high speed, without stopping.
The roundabout is controlled by traffic lights.
Prosser’s car slams into Mr Holly's, lifting it off the ground and spinning it backwards across the road.
Other motorists can be seen leaving their vehicles and rushing to help both drivers.
Significant damage was caused to both vehicles, with Mr Holly saying his car had been written off. Mr Holly remained in his car until the emergency services arrived to take him to hospital.
A member of the public who spoke to Prosser was of the opinion that he was under the influence of alcohol after “smelling it on him”.
Prosser was taken to Nevill Hall Hospital by his former partner before the police arrived.
Officers attended Nevill Hall and found the defendant present – describing him as “drowsy and slurring his words”.
He was asked to complete a roadside breath test, but he replied that it would be “pointless” as he had since had a drink of whisky.

A roadside breath test at the hospital?

How does that work?

The test was eventually completed and came back with a reading of 104mg/l. The legal limit is 30mg/l.
However, the judge conceded that, as alcohol had been consumed since the crash, it was not possible to know the exact blood alcohol level at the time of impact.

That is interesting. A judge, in a breathalyser case, ruling simply on
the basis of the evidence (all of it) rather than on the basis of vindictiveness and "Stands ter reason, dunnit?".

Prosser was transported to Ystrad Mynach custody suite.

Even though he'd been injured and was in hospital?

Mr Holly suffered a head contusion and a suspected fracture of the spine. He underwent a CT scan and was kept in hospital overnight.
Prosser described events after the collision as being “a bit of a blur”. He said he vaguely remembered another vehicle having been involved.
He explained that he was shaken up and had had a drink of whisky from a bottle kept in his pocket.

Hence the judge's factual ruling, one would suggest.

But whatever happened to "expert back calculation"? Or was that always a
bit of a bluff? Does anyone know?

He apologised for the injuries sustained by Mr Holly. However, he stressed that he had not been drinking before the crash, something which contradicted his subsequent guilty plea.

He changed his mind as his memory grew less hazy and more details were recalled?

But there were other charges (traffic lights, failing to accord
precedence, etc - typical chav-cyclist behaviour, in fact).

A victim impact statement was read out in court on behalf of Mr Holly.
It said: “This has had a massive effect on my daily life.
“I laid in bed for two weeks before I could get downstairs.
“It made me feel so low.
“With the help of sleeping tablets and – with support – I bounced back out of depression.
“After the removal of the neck brace I thought my life would be back to normal, but my neck still aches.
“I have had to take time off work and have pushed friends and loved ones away.”
The defence said that Prosser was "deeply upset and remorseful".
"He accepts that he was over the limit and caused an accident which was entirely his fault," they said.
"He is a man of clear character. The matters on his record are of a relatively minor nature."
Summing up, the judge said: "As Mr Holly was making his way home, he had the misfortune to come across you.
"It is a shocking crash to watch. Members of the public ran to help, so concerned were they.
"It is remarkable that Mr Holly was not more seriously injured.
"The consequences of what could have happened are terrifying."
Prosser was sentenced to 12 months in prison for the charge of causing serious injury by dangerous driving.

Not the breath test charge, then?

He is to serve half of that time in custody before being eligible to be released on licence.
He was also disqualified from driving for three years.
A concurrent sentence of one month was also handed down for the offence of driving while under the influence of alcohol.

Not a breath test conviction.

I stress this because some people - even High Court Judges (in their own
minds) - seem not to understand the plain and obvious differences
between them.

Despite those reservations (and the obvious confusion of the PP on the subject), who can say that the sentence was not well-deserved? Any of us
could be in Mr Holly's position.

https://www.southwalesargus.co.uk/news/23286240.ebbw-vale-drink-driver-jailed-heads-valleys-road-crash/

Now...

The most obvious question... who was on the chav-bike?

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