Mercy for drink-driver in crash with seven children in her car

A FEMALE motorist who downed up to nine pints of lager before crashing a car carrying seven children avoided jail yesterday when she was handed a suspended prison sentence.

The 37-year-old woman, who cannot be named for legal reasons, had gone on the drinking binge before she got behind the wheel of the Ford Escort, Leeds Crown Court heard yesterday .

The children in the back of the car were not wearing seat belts when it crashed into a bollard in Leeds, and it was fortunate no harm came to the youngsters when they were then left at the roadside as the woman went for help, the court was told.

Matthew Bean, prosecuting, said the defendant had gone to a social club in Leeds on November 7 last year, and added: “She indicated at interview that she estimated drinking between eight and nine pints of lager.”

Despite being advised not to drive, the woman took the decision to do so. The court heard that having set off with seven children in the car, while driving down Otley Old Road, the vehicle hit a bollard.

Mr Bean said: “It would seem the children in the rear were not wearing seat belts.” The defendant denied being aware that some of the rear seatbelts were not being properly used but accepted she did not check, the court heard.

Police who were travelling down Otley Old Road at around 11.30pm found the damaged unoccupied car with the keys still in the ignition.

“No adult was present,” said Mr Bean. “There was a group of seven children standing a few metres from the car, distressed, and some were crying. The older children indicated to police officers that the defendant had left the scene.

“She in essence in her interview indicated she went to get help and the prosecution accept that.”

Two of the children were said to be suffering back and neck pain, another was shaken, upset and crying, and another child suffering from a “very sore neck”.

One of the children was taken to hospital, but did not have permanent injuries.

The woman was arrested at a house nearby and said she had been to the club drinking between eight and nine pints of lager and had made a “stupid mistake”.

She said she had looked back at one of the children and crashed the car into a bollard, the court heard.

Mr Bean said: “She panicked. She did not have a mobile phone with her. She left the scene and went to a friend’s house in order to get help.”

The woman, who had earlier admitted child cruelty and driving with excess alcohol, had been disqualified from driving for 16 months in 2005 for drink-driving.

She also had previous convictions for a wounding offence and criminal damage, which were said to be alcohol-related.

Kama Melly, for the woman, said her client accepted she should not have left the children, but she was not running away from the scene to avoid the police and had left to get help.

“She has expressed to me deep regret for her behaviour on that night and accepts full responsibility for it,” said Miss Melly.

The woman was sentenced to 26 weeks in jail suspended for 18 months for the cruelty charge and eight weeks in prison suspended for 18 months for driving over the prescribed limit - to run concurrently.

She was also given an 18-month supervision order, ordered to do 100 hours of unpaid work and disqualified from driving for four years.

Judge Rachel Hudson told her: “Even if the seat belts were all functioning perfectly well, there were seven children travelling in a car which could not safely accommodate them.

“Your actions on that night clearly placed others at harm. In addition to the immediate risk to the children there was the emotional harm they sustained from that episode.”