A man from Pontypool in South Wales has been jailed for two years after killing another driver in a head-on crash as he received a text message from his step-daughter.
Michael Smith denied using his mobile before the crash. The accident happened as Mr Smith overtook another car on the A492 near Usk in October 2005. His Land Rover Discovery collided with a Vauxhall Corsa coming the other way, the accident killed 53 year old David Brown.
Cardiff Crown court was told Mr Smith would have required “at least 176 metres of open road to overtake safely, but there was less than 63 metres”.
The prosecution claimed that just two minutes before the accident Mr Smith had sent a long message to his step daughter, and that he had just received a reply as the accident happened. Mr Smith “was arrested and admitted making illegal calls and text from his hand-held mobile”'.
Susan Ferrier, defence council, said that; "Smith's wife was expecting their second child and he was already father to a toddler and step-father to the daughter of his previous partner who had died 'in tragic circumstances' just days before the crash."
Judge Phillip Richard sentenced Mr Smith to two years in jail, he was also disqualified for four years. He told Mr Smith, "Your driving fell far below what would be expected of a careful and considerate driver".
Mr Smith was further warned by the judge, "All drivers must realise that this kind of behaviour will end up in a prison sentence. The law requires drivers to be calm, considerate and patient to other road users. You displayed none of the qualities".
This case comes as new legislation comes into force from midnight on February 27th 2007. The tough new penalties for using hand held mobile phones will see the current penalty of £30 rise to £60 as well as becoming endorsable.
People who break the new law can expect to receive three penalty points. This is an automatic endorsment.
If the case is brought before a court the fine could involve a discretionary disqualification and a maximum fine of £1000 or £2500 in the case of a driver of a bus, coach or goods vehicle.
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