Support road.cc

Like this site? Help us to make it better.

news

95-year-old banned from driving for killing cyclist while on his way to golf club

The nonagenarian was spared prison and given a four year driving ban

A 95-year-old man has been banned from driving after he was found guilty of killing a cyclist before continuing on his journey to his golf club.

James MacKie was convicted of causing death by dangerous driving but was spared prison and banned from the roads for four years.

He was told he would have to do an 'extended test' before he was allowed behind the wheel of a car again.

The nonogenarian was handed the sentence following a collision with 48-year-old Simon Jones on the A259 near Littlehampton, West Sussex.

The Argus reports that shortly before the incident two motorists had used the outside lane to overtake Mr Jones.

Lewes Crown court heard that one of the drivers, Lee Hodgett, looked in the mirror of his Mazda after overtaking and saw a white Volkswagen swerving towards Mr Jones, knocking him onto the bonnet.

Rachel Beckett, prosecuting, said the incident took place at 6.20am on August 1, 2019.

Ms Beckett, in her opening remarks, said: “As [Mr Hodgett] moved back across the lane he checked his mirrors.

“He describes seeing a sudden, jerk movement by the defendant’s vehicle that swerved to the left and hit the cyclist, like a reactive move.

“He saw the cyclist going onto the bonnet of the car and into the air. He pulled over, but saw the defendant’s car then drive past him.”

Another witness Scott Horwood, said he had seen MacKie’s vehicle and the driver appeared 'slow and hesitant'.

Road crash experts were called in and confirmed that the  bicycle had been 'dragged along' during the incident.

Damage was also caused to MacKie’s vehicle, and he was later arrested at his golf club.

MacKie, of Cherry Croft, Wick, was sentenced on Thursday. 

The BBC report that he had pleaded guilty to causing death by careless driving, but the plea was not accepted.

Mackie, who was aged 93 at the time of the fatal crash, was given a supervision order for 12 months and told he would have to sit an extended driving test before being allowed to drive again. 

Add new comment

33 comments

Avatar
OldRidgeback | 3 years ago
3 likes

Statistically, older drivers don't have as high a number of crashes as young drivers. But I do agree that older drivers should face a more thorough system than at present, showing they remain fit to drive. In fact, I'm not averse to the idea of retesting periodically for all drivers of all ages. 

Avatar
Secret_squirrel replied to OldRidgeback | 3 years ago
2 likes

Till you get to 80.  As even this pro-elderly driver report from the RAC suggests.  He was 94.

"Only when they reach 80, and/or do very limited mileage, does the ageing process and infrequent driving increase their risk"

https://www.racfoundation.org/media-centre/Older-drivers

 

Avatar
Secret_squirrel | 3 years ago
1 like

I'll just leave this here. Now maybe 70 isn't the right age for a mandatory retest but 80 or 90?  Yet again driving appears to be a right not a priviledge.

Do drivers over 70 need to retake their driving test?

In short, no. However, drivers need to reapply for their licence at the age of 70 and every three years thereafter. There is no requirement to take a test but applicants must declare that they are fit and healthy to drive and their eyesight meets the minimum requirements for driving via self assessment.

Avatar
EK Spinner replied to Secret_squirrel | 3 years ago
4 likes

self assesment makes this a completly pointless exercise, in far to many cases as long as thier eyesight is good enough to fill out the form then all is well.
As I understand it even doctors and opticians don't inform the DVLA if there is an issue, they can only advise the patient

Avatar
EK Spinner | 3 years ago
6 likes

without goingover the same subject of sentencing etc, My other observation here is that we have a driver in his 90s (and we are all aware that driving ability can drop away quite dramatically with age) who has been involved (caused) a fatal crash, had the poor judgement to leave the scene and yet has been permitted to continue driving for a further 18 months before this came to court and he gets a driving ban.

That is 18 months of us all being exposed to this danger, and in real terms a very high propotion of his remaing time on earth, any meaningful punishment should have kicked in at a first hearing, preferably a day or 2 after the incident

 

Avatar
Muddy Ford | 3 years ago
2 likes

And no-one has questioned the driver who overtook, that he might have overtaken the old bastard when it wasnt safe to do so because the old bastard was about to overtake a cyclist. Being startled by the overtaking car and having shitty eyesight and reactions he then swerves into the cyclist. 

Avatar
iandusud replied to Muddy Ford | 3 years ago
4 likes

You raise an interesting point. Did the driver who overtook startle the gent in question in which case the old chap may not be totally to blame. However I can't believe for one moment that he could have hit a cyclist who landed on his bonnet and dragged his bike under his car, and not be aware of it. So on the basis of the hit and run alone he should have the book thrown at him. If not a custodial sentence then he should be confined to his home. As it is he free to go and play golf having taken someone's life.

 

Avatar
Hirsute replied to iandusud | 3 years ago
9 likes

If you are startled by someone overtaking you on a 2 lane dual carriageway, then you should not be on the road.

Avatar
iandusud replied to Hirsute | 3 years ago
1 like

You are probably right. However imagine the situation where the old boy pulls out to overtake the cyclist. He checks his rear view mirror and sees a car approaching in the outside lane but still way off. He pulls out to overtake and checks his mirror again only see the other car aproaching at illegally high speed. He panics pulls in and hits the cyclist. Obviously he has made many errors and is not fit to drive but I'm only suggesting that the other car mentioned in the report may have played a contributary role. Either way leaving the cyclist to die of his injuries is unforgivable. 

Avatar
Secret_squirrel replied to iandusud | 3 years ago
2 likes

Unfortunately thats just whataboutery and its pointless to speculate for this case, especially since its not mentioned in the news reports.

Avatar
Chris Hayes | 3 years ago
7 likes

I was almost taken out by a dotard driving a Toyota Landcruiser yesterday on the Swaynesland Lane near Pains Hill in Kent.  He came over the lip of a steep incline, barely in control and at such speed that he almost had to choose between me and the pedestrians on the opposite side of the road who were a little taken aback by my choice of words.  

If the Government wants to raise money then mandatory 12 month driving tests for pensioners wouldn't be a bad start. Eyesight and reactions deteriorate quickly...

Avatar
wtjs | 3 years ago
8 likes

When they happily let off an ininsured driver of a 'Warrior' for killing a cyclist, it's not likely they will come up with a just sentence for an old bloke in a respectable golf club who 'didn't notice' that he had killed a cyclist and dragged the bike along the road- after all, you're bound to kill the odd one if they persist in cluttering up the roads.

Avatar
Christopher TR1 | 3 years ago
14 likes

This old fcuker took a life and then continued on to his game of golf as if nothing had happened. How does that not deserve a prison sentence?! 

Avatar
Hirsute | 3 years ago
6 likes

I suppose there is some comfort in the conviction being for dangerous driving.

Why is he not under 24 hour house arrest if he apparently can't go to prison? Why can't his life be curtailed in any way?

Avatar
hawkinspeter | 3 years ago
32 likes

Two points.

Taking someone's life due to poor driving should be an automatic lifetime driving ban.

Not stopping to render assistance should be an automatic jail sentence.

Avatar
Secret_squirrel | 3 years ago
20 likes

So he's fit enough to drive and play golf but not fit enough to take responsibility for his actions in killing someone and go to prison?

The law is an ass.

Avatar
Sriracha | 3 years ago
3 likes

The BBC reports that "Judge Christine Laing QC told the court Mr MacKie's driving licence had been revoked so there was "no question" of him being able to drive again." Why the difference in this report?
https://www.bbc.co.uk/news/uk-england-sussex-53505950

Avatar
Gus T replied to Sriracha | 3 years ago
1 like

The report your link relates to is the initial hearing where his guilty plea to careless driving was rejected not to the trial which was set for 25/1/21

Avatar
Bungle_52 replied to Gus T | 3 years ago
1 like
Avatar
Sriracha replied to Bungle_52 | 3 years ago
2 likes

Thanks. But I'm curious how a judge's word, given in court, can just evaporate.

Avatar
Bungle_52 replied to Sriracha | 3 years ago
19 likes

Sorry, can't help you there. The way courts decide sentences for drivers who kill cyclists is a complete mystery to me. The phrase "If you want to kill someone, use a car" is as releveant now as it ever was.

Avatar
andyp363 replied to Sriracha | 3 years ago
0 likes

I would take it as in the interim his license has been revoked, so there is no question that he won't be able to drive until the case has been concluded.

Avatar
Gus T | 3 years ago
9 likes

If he's fit enough to play golf, he's fit enough to do time. He must have known how bad his driving was but was too selfish to give up.

Avatar
Sriracha | 3 years ago
13 likes

Should have added a four year golfing ban too - the driving ban alone is hardly likely to affect the defendant, and only crystallises what clearly should already have been the status quo.

I'm genuinely curious as to why he was convicted. His actions suggest he was oblivious to the presence of the cyclist. In other cases where the defendant has argued that they simply did not know the object on a bicycle they struck was a living cyclist, they got off.

One other thing disturbs me even more. The other motorist reports "seeing a sudden, jerk movement by the defendant’s vehicle that swerved to the left and hit the cyclist, like a reactive move." So it could be that the action was deliberate. I know this sounds implausible, but consider the age of the defendant. I'm certainly no expert, but it is very obvious that in some people with advanced age comes a sharp diminution of the filtering of innate prejudices. One starts to hear the unfiltered expression of unattractive racial or class prejudices, to the extent that it can embarrass close family and friends.

Is it possible that here we have the actions of a crusty golf club member with a haughty distaste for cyclists in his way, whose atrophied inhibitory pathways no longer restrain his ugly basal instinct.

Avatar
choddo replied to Sriracha | 3 years ago
1 like

I thought the same. What could he have been reacting to? No mention of anything coming the other way and the other cars had just used that lane, so no obstruction.

Avatar
Sriracha replied to choddo | 3 years ago
2 likes

Actually, Muddy Ford raises another very plausible possibility above. In the end it all comes down to his age and infirmity. How do you get old people to hang up their keys when it's time?

Avatar
Chris Hayes replied to Sriracha | 3 years ago
3 likes

You use mandatory testing for pensioners. If they fail the test then their licence is revoked. Simple. 

Avatar
Sriracha replied to Chris Hayes | 3 years ago
2 likes

Surely you should start first with those who present the greatest danger on the roads. That is not the OAPs, oddly enough, according to the data.

I do think there's something in Muddy Ford's suggestion that the other two drivers, impatient to overtake the old fart even as he lined up to overtake the cyclist, startled the old man who then swerved back in. That's not an uncommon reaction when you suddenly realise there is a car where you did not expect it on your flank. Was their part in the events ever questioned, or were they seen only as witnesses?

Avatar
Hirsute replied to Sriracha | 3 years ago
2 likes

They both need to be tackled. Over 70s because they don't realise or don't want to admit their physical decline however sharp their minds may be.
Younger ones need to be restricted to certain insurance groups and/or cc/bhp/torque size.
Then in the style of motorbikes, everyone should have to pass a higher standard test to drive vehicles of a greater bhp, acceleration etc.

Avatar
Chris Hayes replied to Sriracha | 3 years ago
2 likes

It is possible that OAPs may not be 'the greatest danger of the road' when you look at the stats: this is probably juvinile males. But two points here:

1. I'd be interested to dig into the stats to see how many accidents were caused by other drivers frustrated by the octogenarian driver holding up traffic (not illegal, I concede); and

2. If you're startled by being overtaken then you have zero self awareness, no idea how slow you're driving, and haven't noticed those irate things buzzing around in your rear view mirror.  

My wider point stands. Test them. If they fail. Ban them.  In this particular incided, the 94 year old killed the cyclist here: ran him over and dragged him down the road. And then went golfing. He should spend the rest of his life in gaol. 

Male juvenile misbehavious could be controlled by in-car technology and dealt with similarly. 

Pages

Latest Comments