Drunk driver who broke cyclist’s leg escapes jail
Suspended sentence for "remorseful" driver
A driver who hit a cyclist and broke his leg while over three times the alcohol limit has been handed a suspended sentence and banned for four years.
According to The Cornish Guardian, Anthony Cavell, 58, was sentenced to 12 weeks in jail, suspended for a year at Bodmin Magistrates' Court. Handing down the penalty, chairman of the bench Dr Judy Hultgren said that that despite a very high reading, and a similar conviction in 2011, they were not jailing him because he had shown remorse and a commitment to addressing his alcohol problems.
The court also took into account Cavell’s role in caring for his adult daughter, who has learning difficulties.
Cavell had admitted drink-driving and was ordered to undergo six months' alcohol treatment, and pay £85 costs and an £80 victim surcharge. As a high-risk offender he was told he would also have to satisfy the DVLA of his fitness to drive before his licence would be returned.
Anita Kennett, prosecuting, said Cavell was found to have 123 microgrammes of alcohol in 100 millilitres of breath after he knocked down the cyclist on January 7. The limit is 35mcg.
John Fletcher, mitigating, said Cavell was very ashamed about the accident and thought about the cyclist every day. He had wanted to contact him but had been advised by the police not to do so due to the court case.
Following his retirement two years ago due to diabetes he had suffered with depression and had been "self-medicating" with alcohol. Since the accident, however, he had not touched alcohol and had attended appointments with Addaction.