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.
(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”.
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.”
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.
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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.”