Torquay drink driver 'did not see' biker who suffered multiple fractures
A DRINK driver who caused an accident in Torquay which left a motorcyclist with multiple fractures has avoided custody.
Lukasz Walkosz, 30, of Braddons Hill Road West in Torquay, was told to pay £995 for the collision which happened at the junction of Windsor Road and Quinta Road.
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CRASH SCENE: Police at the junction of Windsor Road and Quinta Road, Torquay Torquil MacLeod TQTM20120523G-006_C
Magistrates were told a motorcyclist travelling in the opposite direction on Windsor Road was hit by the defendant's Audi A6 which was on the wrong side of the road.
The motorcyclist was left with fractures to his left and right wrist, his left hand, pelvis, femur, tibia and fibula, ankle, knee and dislocated fingers.
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Walkosz, a Polish national, admitted careless driving and driving with excess alcohol.
The incident happened on the afternoon of May 23.
The court was told the defendant approached the junction of Quinta Road as the motorcyclist was coming up the hill from the opposite direction.
Walkosz did not see the motorcyclist and turned into his path, the court was told.
The biker was thrown into the air sustaining his serious injuries and causing extensive damage to the black Yamaha bike.
One month after the incident, he was still in Torbay Hospital.
By August, he was back home and working part-time but could only walk with crutches.
He is now back at work full-time and his recovery had been reasonably good.
Walkosz blew positive for alcohol at the roadside, his reading being 70 microgrammes of alcohol in 100 millilitres of breath.
But he claimed the reading was down to a Polish stomach remedy he had taken that day and not through drinking alcohol.
His solicitor Philip Miles said Walkosz had intended to present 'special reasons' to the court about why he should not be disqualified from driving.
But he had been unable to demonstrate that he was under the limit without the remedy.
He accepted, therefore, that he was driving over the limit at the time of the collision.
He said the road marking on Windsor Road were not clear at the time and he simply had not seen the motorcyclist before turning into his path.
The court was told Walkosz had a UK driving licence and was insured.
At the time of the accident, Walkosz was employed as a delivery driver. The court was told he was is now employed at a food processing plant in Newton Abbot.
Magistrates disqualified him from driving for 20 months.
Comments
by omnivore23
Wednesday, December 12 2012, 2:23PM
“Magistrates aren't paid.”
by Incredulous2
Monday, December 10 2012, 7:49PM
“So hantsbel, the inclusion of 'Foreigner' and 'who come over here' are completely irrelevant - and surely only included to provoke racial intolerance. Or, was there another reason you felt it important to stress these points?”
by Hocus_Pocus
Monday, December 10 2012, 6:06PM
“@ hantsbel, your statements make no sense whatsoever, his nationality has no meaning to this case. A UK citizen is equaly capable of breaking the law than a Polish Citizen, all you have achived is showing us your intolerances, however I am sure that no British national has ever commited a crime abroad.”
by Incredulous2
Monday, December 10 2012, 3:46PM
“hantsbel - are you suggesting that British people do not need to show respect for other users of our roads?”
by hantsbel
Monday, December 10 2012, 3:33PM
“Obviously some people agree with me sOnicBoOm - yes its true anyone can drink and drive, but hes working over here and should show respect for other users of our roads. Im not being racist, just stating facts! i hope the motorcyclist soon recovers.”