Scots pensioner who killed cyclist after ignoring warnings not todrive with failing eyesight caged

Great news! Hope he rots in jail.
QUOTE:
A pensioner who killed a cyclist after ignoring warnings not to drive because of his failing eyesight was jailed for 32 months today.

A judge rejected a plea to spare first offender John Johnstone, 84, a prison sentence after he caused the death of Hanno Garbe by dangerous driving on a Highland road.

Lord Fairley told Johnstone at the High Court in Edinburgh: "You continued to drive a motor car when it was plainly dangerous for you to do so."

The judge pointed out that he had been told by optometrists on two occasions that his eyesight did not meet the required standard for driving.

Lord Fairley said that the unexpected death of Mr Garbe has had "a devastating effect" on his wife Dagmar.

The judge said he was satisfied that only a custodial sentence was appropriate in the case He told Johnstone, of Moraybank, Gynack Road, Kingussie, that he would have jailed him for four years if he was convicted after a trial.

He also banned him from driving for five years and four months and told him he would require to sit an extended test if he wanted to hold a licence in future.

Johnstone earlier admitted causing the death of German national Mr Garbe, 57, on March 4 last year by driving dangerously on the B9152 Aviemore to Kincraig road near to Loch Alvie.

He drove knowing that his vision was severely impaired and below the required standard and failed to observe the cyclist on the road ahead.

Mr Garbe, a senior sales manager, sustained multiple injuries in the collision, including a non-survivable head injury and died the following day in hospital. The victim had moved to the UK in 2007 and later set up home in the Aviemore area with his wife.

Advocate depute Alex Prentice QC said Johnstone had attended at a branch of Specsavers in Inverness in September 2018 for a routine sight test and said he was struggling with watching television, following the ball when golfing and also driving.

After an examination he was told by optometrist Ellen Torrance that he had a big drop in his distance vision and cataracts in both eyes.

The prosecutor said: "She concluded that the accused did not meet the driving standards and told the accused that he could not lawfully drive;

must not drive and must notify DVLA of his condition,"

The following month Johnstone attended the eye clinic at Raigmore hospital,

in Inverness, and another optometrist confirmed the assessment.

Mr Prentice said: "The accused was aware that he could not drive until after a successful cataract operation. As of March 4 last year he had not had the operation."

On the day of the collision widower Johnstone was travelling home after attending at the Strathspey body repair centre in Aviemore to arrange to get work carried out on his Kia Picanto car.

Mr Garbe, a keen cyclist, had left his wife at home before he set out on his bike. He was struck from the rear by the car, causing substantial damage to the bonnet, windscreen and roof of the vehicle.

Mr Prentice said: "The accused got out of the vehicle to find the deceased lying on the side of the southbound carriageway on his right hand side in an unconscious state with a large amount of blood on the roadway."

Police who attended required Johnstone, who was wearing glasses, to take part in a roadside sight test, which he failed.

Mr Prentice said: "He could only read the registration plate at a distance of 4.8 metres. The requirement is to be able to read it at 20 metres."

When Johnstone was interviewed by police he told them he did not see the victim prior to the collision.

Mr Prentice said: "Collision investigators concluded that the accused failed to observe the cyclist and that the cause for this was likely to be his poor eyesight. The low sun at this time of the year could have been a contributory factor."

Defence solicitor advocate Marco Guarino said: "It is difficult to underestimate how hard it has been for him to come to terms with what has happened. It has had a profound effect upon him."

"He has indicated to me that he wishes to apologise *most profoundly *

to Mr Garbe's widow and his extended family," he said.

Mr Guarino said Johnstone, who has health difficulties, passed his driving test in 1958 and had no previous convictions.

The defence lawyer argued that there was an alternative to custody in the "very unique case" (SIC) of Johnstone.

He said: "He has not driven since, his licence has been revoked and there is no prospect of him ever driving again."

https://www.dailyrecord.co.uk/news/s...clist-22384193

On Monday, July 20, 2020 at 2:59:54 PM UTC+1, Simon Mason wrote:
Great news! Hope he rots in jail.
QUOTE:
billymansell | 144 posts | 50 min ago
2 likes

"the driver was only able to read a registration plate from a distance of 4.8 metres, instead of the 20 metres"

Good riddance you murderous scum. Just like all other criminal drivers he put his right to drive above the lives' of others.

https://road.cc/content/news/jail-dr...cyclist-275607

On Monday, July 20, 2020 at 5:50:59 PM UTC+1, Simon Mason wrote:
eburtthebike | 834 posts | 1 hour ago
4 likes

Justice appears to be rather more followed in Scotland than England.

The law must be changed so that anyone found driving while knowing that they are not fit to do so is guilty of a serious crime, and opticians must inform the police of anyone they know who still drives when not fit to do so.

I'm sure the government review of road laws etc etc.........


https://road.cc/content/news/jail-dr...cyclist-275607

On 20/07/2020 17:50, Simon Mason wrote:
On Monday, July 20, 2020 at 2:59:54 PM UTC+1, Simon Mason wrote:
Great news! Hope he rots in jail.
QUOTE:
billymansell | 144 posts | 50 min ago
2 likes

"the driver was only able to read a registration plate from a distance of 4.8 metres, instead of the 20 metres"

He was able to read the number plate from less than a quarter of the
required distance?

So what was the problem with that

Good riddance you murderous scum. Just like all other criminal drivers he put his right to drive above the lives' of others.

https://road.cc/content/news/jail-dr...cyclist-275607

QUOTE:
In its webpage entitled Surrendering your driving licence (link is external), the government says:

There’s no legal age at which you must stop driving. You can decide when to stop, but medical conditions can affect your driving and might mean you have to give up your driving licence until you can meet the medical standards of fitness to drive again.

When you decide to stop driving or are advised by your doctor to stop you’ll need to tell DVLA and send them your licence.
ENDS

Eyesight like Mr Magoo would seem to qualify for a ban.

QUOTE:
The defence lawyer argued that there was an alternative to custody in the "very unique case" (SIC) of Johnstone.

He said: "He has not driven since, his licence has been revoked and there is ///no prospect of him ever driving again///." EMPHASIS MINE - SM

ENDS