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Teenage motorist who hit and killed cyclist two months after passing test banned from driving for a year, ordered to complete 180 hours unpaid work, and fined £240

“This was not an unsafe manoeuvre in and of itself – it became unsafe when you failed to see a cyclist when you should have”

An “inexperienced” teenage motorist who pulled out of a junction and fatally struck a cyclist, just two months after passing his driving test, has avoided jail, and has instead been banned from driving for a year and ordered to complete 180 hours of unpaid work after pleading guilty to causing the cyclist’s death by careless driving.

Cyclist Alan Preston was riding on the A452 Chester Road near Aldridge, five miles north of Walsall, on the morning of Saturday 11 February 2023, when he was struck by 19-year-old driver Alfie Swann, who had pulled out onto the road at its junction with Lazy Hill.

Swann, who was on his way to visit his grandparents at the time, claimed to police that he had looked both ways before pulling out, but hadn’t seen Mr Preston approaching until it was too late, Wolverhampton Magistrates Court heard on Tuesday, the Express and Star reports.

The 58-year-old suffered serious head injuries and bleeding in the collision, and died in hospital 13 days later.

Alan Preston (West Midlands Police)

(West Midlands Police)

According to a statement from a witness, Janice Howard, who was driving on Chester Road when the crash took place, Mr Swann hit the cyclist as he pulled out, sending him “flying over the bonnet before landing on the floor”.

Swann stopped his car following the collision and remained at the scene until the police arrived, before co-operating in interviews. He later pleaded guilty to causing Mr Preston’s death by careless driving.

In court this week, prosecutor Mrs Maggie Meakin said tests carried out on the 19-year-old driver provided “no evidence of drugs or alcohol” and that conditions on the day were described as “clear and bright”.

> Police "appalled" by sentence of driver who ran red light and killed cyclist as he inhaled laughing gas

Representing Mr Swann, Brij Chaudhry said the case was a “very, very tragic” one and that the motorist asked him to pass on his condolences to Mr Preston’s family.

“Mr Swann was taking quite a regular route. On weekends he would often have brunch or late lunch with his grandparents. They lived not far from where he resided,” Mr Chaudhry said in court.

He also claimed that Swann had not pulled out of the junction at speed, while distracted, or under the influence of any substances.

“He simply did not see Mr Preston, who was cycling down the road itself. He said he saw something out of the corner of his eye and braked but it was too late,” the lawyer said.

“He accepts his wrongdoing in the sense of driving without due care and attention, in the circumstances we have heard.

“He had only been driving for some two and a half months prior to this incident and therefore was a relatively inexperienced driver.”

> Cyclist slams “disgraceful” 12-month driving ban and £540 fine for drink driver who “ruined” his life

Expressing his “heartfelt condolences” to the popular cyclist’s family, and criticising the time it took to bring the case to a conclusion, District Judge Michael Wheeler said: “No sentence that I can pass can bring back Mr Preston.

“Alfie Swann, the collision that led to Alan Preston’s death was your fault. You told the police that you looked left and you looked right, as you were required to do.

“You pulled out and you struck Mr Preston, who had the right of way. You didn’t see him – you should have.

“To your credit, you didn't attempt to divert responsibility away from your own conduct towards Mr Preston.

“You passed your [driving] test only a matter of weeks before this traumatic incident. This was not an unsafe manoeuvre in and of itself – it became unsafe when you failed to see a cyclist when you should have.”

However, the judge noted Swann’s remorse following the fatal collision and his previous good character, and said he would stop short of a custodial sentence.

Instead, he ordered the motorist, now 20, to complete 180 hours of unpaid work over two years, and banned him from driving for 12 months, a suspension that was backdated to 22 May, when an interim disqualification was first issued.

Swann must complete an extended driving re-test once his ban is completed. He was also told to pay a £154 victim surcharge and £85 in prosecution costs.

> “Panicked” motorist who mounted grass verge to undertake cyclist banned from driving for 12 months

In a victim impact statement read in court, Mr Preston’s ex-wife Jayne said that her life “stopped” on the day of the collision and that she has “just been existing since”, while his son Matthew said that he was unable to work for months following his father’s death, putting him in debt.

“On February 11, 2023, my life stopped – and I feel like I’ve just been existing since,” Mrs Preston said, before adding that she has been in “constant anxiety” since the death of the keen cyclist, badminton player, and Walsall FC season ticket holder.

“When you lose someone who you have loved for 30 years unexpectedly, it does have a massive impact. My health has been severely impacted. I have found myself struggling daily to stay strong for my family.

“It’s impacting on my physical, emotional, and financial wellbeing. All I want is justice for Alan and our family.”

After obtaining a PhD, lecturing, and hosting a history podcast at Queen’s University Belfast, Ryan joined road.cc in December 2021 and since then has kept the site’s readers and listeners informed and enthralled (well at least occasionally) on news, the live blog, and the road.cc Podcast. After boarding a wrong bus at the world championships and ruining a good pair of jeans at the cyclocross, he now serves as road.cc’s senior news writer. Before his foray into cycling journalism, he wallowed in the equally pitiless world of academia, where he wrote a book about Victorian politics and droned on about cycling and bikes to classes of bored students (while taking every chance he could get to talk about cycling in print or on the radio). He can be found riding his bike very slowly around the narrow, scenic country lanes of Co. Down.

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64 comments

Avatar
cmedred | 5 months ago
2 likes

So Mr. Swann's attorney said "Swann had not pulled out of the junction at speed,'' but what did the witness say? Did Mr, Swann slow down at all at the junction, as one should, or just blow through it? The penalty here for killing someone is awfully lenient. Is there ANY other way you can kill someone in the UK and get off with this light of a sentence? 

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Muddy Ford | 5 months ago
7 likes

Just as well Sunak, Harper and Briggs are keen to put in a law for dangerous cycling because so many get away with killing other road users. Oh hang on. 

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Bungle_52 | 5 months ago
9 likes

No problem with no jail time. The driver stopped, admitted guilt (only careless not dangerous though) and seems to have been genuinely remorseful. My problem is that drivers who do not stop and therefore, in my opinion, demonstrate lack of remorse, get similar punishments or sometimes even less.

I'd have preferred a longer ban and I would like to see drivers who hit cyclists being forced to cycle themselves.

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Daveyraveygravey | 5 months ago
4 likes

The problem is people aren't taught to look properly, or you get in the habit of a quick glance and if something the size of an artic isn't on top of you, off you go. It happened to me years ago, I nearly did what this driver did to a cyclist, but luckily I had a second, proper look. I make sure I look properly now, more than once.

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brooksby | 5 months ago
0 likes

Lots of people on here are criticising this kid for not giving way at a 'Give way' sign but I can't see where it says that that is what happened.  Happy to be corrected.

All I can see it saying is that he (says he) failed to see the cyclist when he pulled out.  He may very well have stopped (we don't know) but the (sadly, all too common) failure to see or to notice the cyclist was surely the essential problem.

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Bungle_52 replied to brooksby | 5 months ago
1 like

This statement from the judge would appear to confirm the existence of a give way sign.

Quote:

“You pulled out and you struck Mr Preston, who had the right of way. You didn’t see him – you should have.

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pockstone replied to brooksby | 5 months ago
4 likes

We dont know if he stopped or not, but even if he did, stopping at a give way sign and then driving into somebody on the main carriageway is not 'giving way'.

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IanMK | 5 months ago
7 likes

I understand playing the inexperienced card but in truth it takes 10,000 hours to be a master of a craft and most drivers will never clock this up. That's why we have the Highway Code. Failing to give way at a give way sign is dangerous not careless. It's part of a systematic societal failure to follow the guidelines that are put in place to prevent these incidents.
One of the things that makes me most nervous is drivers flying up to give way signs and applying their brakes at the last moment. You have no idea if they've seen you.
As part of a risk assessment to prevent reoccurrence the give way should be a stop sign and a camera to make sure drivers aren't tempted to roll through (like they do at nearly every other stop sign).

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pockstone replied to IanMK | 5 months ago
3 likes

With you on the last minute brakers. I don't think it's (always) because they only see a cyclist at the last second. I get the bejesus scared out of me regularly like this when I'm driving as well. Not as scary as when on the bike but I do wonder what, if anything, is going through a lot if drivers heads.

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Rendel Harris replied to IanMK | 5 months ago
5 likes

IanMK wrote:

One of the things that makes me most nervous is drivers flying up to give way signs and applying their brakes at the last moment. You have no idea if they've seen you. As part of a risk assessment to prevent reoccurrence the give way should be a stop sign and a camera to make sure drivers aren't tempted to roll through (like they do at nearly every other stop sign).

100%, every single day, usually multiple times, I have to brake and/or swerve to anticipate the possible emergence of drivers who think the way to approach a give way is to approach at or over the speed limit and then emergency brake to stop just at or over the line. Many drivers also appear to believe that the correct way to stop at a give way is with the line under the driver's arse rather than with the front bumper behind it. Maybe there should be signs posted fifty yards back from junctions saying "Give way approaching, reduce speed now"?

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pockstone replied to Rendel Harris | 5 months ago
3 likes

All true Rendel, but more signs at the taxpayers expense...just to tell fuckwits what they should already know...?

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Rendel Harris replied to pockstone | 5 months ago
3 likes

pockstone wrote:

All true Rendel, but more signs at the taxpayers expense...just to tell fuckwits what they should already know...?

Well yes, and no faith they would be obeyed. GPS chips in cars maybe the way forward, if you're recorded not slowing down as you approach a give way ticket in the post?

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Legin | 5 months ago
11 likes

The real villain here is a training and testing system that passess drivers without the skills or awareness needed to be safe on the roads.

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chrisonabike replied to Legin | 5 months ago
4 likes

... and (going beyond this case) only requires we verify they can drive according to the conditions on their licence once per lifetime!  (Laws, vehicles and even roads being subject to change during that time).

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OldRidgeback replied to Legin | 5 months ago
5 likes

There is a big push towards a graduated licence system here in the UK. That's a good thing. You might want to google it and sign up your support.

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andystow replied to Legin | 5 months ago
6 likes

Legin wrote:

The real villain here is a training and testing system that passess drivers without the skills or awareness needed to be safe on the roads.

My son is a flight instructor, and there are strong incentives for him to only allow students who are actually ready to test, to do so. I hurts his metrics if his students fail.

There are also feedback mechanisms to incentivise check pilots to only pass competent students.

There will always be terrible drivers who can pass tests by (for instance) just not doing a bunch of drugs that morning, but I think you could catch a lot of it by figuring out who is training or passing the bad drivers. For instance, any time a driver with less than five years of experience gets to six penalty points, add them to a database with details on who their instructor and tester were. Then mine that database for instructors, schools, and testers who are disproportionately represented and either send them for remedial training, or in extreme cases ban them from creating more bad drivers.

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chrisonabike replied to andystow | 5 months ago
1 like

All good stuff - although I can imagine creating some perverse incentives with this if not careful.  Flying is easier to regulate I suspect - far fewer pilots / people don't "have to fly"...

OTOH with "mass motoring" - at least as we currently conceive it - I suspect that more regulation of entry to the driving pool will be fighting against another (the main) goal of the system - that it should permit the majority of adults to drive!  (Especially incentivised in young people because "freedom" and "marker of being an adult" and "getting stuff done and a job" and probably still a dash of "sex".  Powerful motivations...)

In the UK driving is the primary mode of transport (well - taking walking for granted as we tend to do...)

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wtjs | 5 months ago
12 likes

I think this 'I didn't see him' defence dodge is going to become more and more common in cases where cyclists are KSI'd by drivers- because it works! We saw a very successful deployment only last week in the case of a doctor killing a cyclist by pulling onto the main road right in front of him where, if I recall correctly, there wasn't even a suggestion of the doctor being charged with any offence. The more this dodge becomes accepted as 'normal' the more we will see drivers suffering little penalty for killing cyclists- after all, you can always think up a lie about 'not seeing' a cyclist.

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Peterjbdk | 5 months ago
6 likes

I feel that the road system is also at fault: the kerb radii are too large (should be zero - right angles) so that a driver pulling out of the jucntion will likley have to strain to look back over their shoulder for approaching traffic and will probably be trying to do this without stopping. If the junction is at right angles the view will to the right will be easier; a STOP sign woudl help too forcing the look. Will anyone make the highway authorityblook at this?  Vison Zero!!

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pockstone replied to Peterjbdk | 5 months ago
2 likes

I've just looked at this junction on Gmaps. Stop sign or not ,(not. Give way only) I can't believe any driver wouldn't come to a full stop at this junction. More so for one who'd just recently passed their test.

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LeadenSkies replied to pockstone | 5 months ago
12 likes

I have been having similar conversations with my 18 year old who is learning to drive as I was flabbergasted to learn that his instructor is telling him to roll through give way junctions if it is clear. The problem is that you can't tell it is clear if you don't take the time to stop and look!

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mike the bike replied to LeadenSkies | 5 months ago
1 like

LeadenSkies wrote:

I have been having similar conversations with my 18 year old who is learning to drive as I was flabbergasted to learn that his instructor is telling him to roll through give way junctions if it is clear. The problem is that you can't tell it is clear if you don't take the time to stop and look!

Nonsense I'm afraid.  There are many junctions, perhaps a majority, where it is perfectly possible to assess traffic without stopping your vehicle.  This is why they are called "Give Way" and not "Stop".

Training drivers to stop at every junction is unnecessary, verging on the lunatic.

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chrisonabike replied to Peterjbdk | 5 months ago
0 likes

I'm very happy with the ideas you are suggesting there in general BUT if we're talking a proper infra solution here I think more than "kerbs and signs" nudges are needed.

How thorough do you want to be? If you want to look at that idea - (and I haven't looked beyond the picture here) - first is it even a good idea to have cyclists here? If the A-road is NSL? Mixing modes with extreme speed differences AND with turning / crossing traffic? And where drivers are inevitably going to focus on "looking for motor vehicles" since numbers of cyclists will likely be *very* low?

That then sends us off looking at numbers cycling or even likely to want to cycle there and why (is it a "route" - or would it be of most people would cycle on such a road? Are there alternatives?)

Tgen - is there is psychological pressure on drivers turning out to "get up to (NSL?) speed as soon as possible?

This is also a kind of crossroads - they can be associated with higher crash rates (more directions to check). It's more "safer for drivers" but perhaps a "voorrangsplein" design for some of these junctions would be in line with that also:

https://therantyhighwayman.blogspot.com/2021/02/voorrangsplein-part-1.html

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mattw replied to chrisonabike | 5 months ago
4 likes

The first step there is NSL of 50 (I'd argue 40) on single carriagrways.

Then rewriting LHAs from the DNA up.

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Mr Anderson | 5 months ago
5 likes

This is the same sentence as a driver being stopped by the Police and found to be over the drink-drive limitno

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eburtthebike | 5 months ago
12 likes

So he'd just passed a test showing that he was a competent driver, then immediately kills someone because of his incompetent driving, so the test is clearly not fit for purpose.

Why didn't the judge and the coroner demand that the test is revised until it is fit for purpose?

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hawkinspeter | 5 months ago
13 likes

That's ridiculous. A driver that causes the death of a person has no place ever being allowed to drive again. I can understand no prison time, but the driver has demonstrated beyond any doubt that they aren't a safe driver and it's an insult to the victim's friends and family that they're allowed to drive again and possibly kill someone else.

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mctrials23 replied to hawkinspeter | 5 months ago
0 likes

The issue with this logic is that you would then have to ban people for life when they nearly kill someone. The difference between this lad and thousands every day is bad luck. I have had dozens of incidents on the roads that I avoided because I either saw them coming or am a competent enough cyclist that I managed to skirt them at the last second. Those people should 100% be banned too if you are saying this lad should never drive again. 

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hawkinspeter replied to mctrials23 | 5 months ago
2 likes
mctrials23 wrote:

The issue with this logic is that you would then have to ban people for life when they nearly kill someone. The difference between this lad and thousands every day is bad luck. I have had dozens of incidents on the roads that I avoided because I either saw them coming or am a competent enough cyclist that I managed to skirt them at the last second. Those people should 100% be banned too if you are saying this lad should never drive again. 

Not at all. If there's no fatality, then just apply existing penalties. The idea is to ensure that the victim's friends and family know that at least the driver won't get the chance to kill again with a valid license.

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Hirsute | 5 months ago
8 likes

"You passed your [driving] test only a matter of weeks before this traumatic incident"

Is this one of those incompetence paradoxes?
It's not his fault he wasn't up to the basic minimum standard.

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