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88-year-old motorist avoids jail after causing the death of a cyclist who she hit “without noticing”

The “genuinely remorseful” pensioner was disqualified from driving for ten years following the death of mother-of-two Jacqui Witham

A pensioner was banned from driving for ten years this week after admitting causing the death of a cyclist who she struck on a country lane last January without noticing, before driving on.

88-year-old Maureen Jesper avoided a prison sentence after pleading guilty to causing the death of mother-of-two Jacqui Witham by careless or inconsiderate driving, Birmingham Live reports.

The 46-year-old cyclist was struck by Jesper’s Renault Clio in the West Midlands village of Barston on the morning of 12 January 2022. At Birmingham Magistrates’ Court this week, the 88-year-old said she heard a “thud” as she drove along the country lane, but didn’t realise what had happened. She later discovered that her wing mirror was hanging off following the collision.

> Driver spared jail after killing cyclist in “momentary lapse of concentration”

Footage from a nearby estate showed the harrowing moment an injured Ms Witham, after being struck by Jesper, attempting to get up before being hit by another motorist. The driver stopped immediately at the scene and was later cleared of any wrongdoing.

Despite the efforts of passers-by and medics, Ms Witham was pronounced dead at the scene.

While investigators initially assumed that only the second motorist had been involved in the collision, CCTV footage revealed Jesper’s role in the tragic incident.

Prosecutor Angela Hallam told the court that the pensioner had not realised what had happened until officers arrived at her home.

“Ms Jesper had no idea she had been involved,” Ms Hallam said. “She was quite shocked by what she was told.”

> Judges told killing a cyclist now an 'aggravating factor' for driving offences, could lead to longer sentences

Matthew Kerruish-Jones, mitigating, said the grandmother accepted that she was driving without care at the time of the collision and that she wished to issue an apology to Ms Witham’s family.

Mr Kerruish-Jones argued that the motorist’s culpability was “low” and asked the judge to consider the lowest form of punishment. He claimed that while her failure to see Ms Witham was careless, she was driving at 36mph in a 50mph zone and her vision was impacted by the glare on the road caused by rainwater.

“Many people’s lives have forever been altered,” he said. “She is genuinely remorseful. This is a lady who comes to court who has lived a life of hard work and graft and has never been in trouble before.”

> Suspended sentence “a real farce”, says family of cyclist killed by motorist – as Cycling UK blasts UK’s “broken road traffic laws”

Jesper was disqualified from driving for ten years – a ban Mr Kerruish-Jones said means she is unlikely to drive again – and ordered to pay costs of £459.

In a victim impact statement, Ms Witham’s sister Julie Haye described her sibling as the “most fun-loving, generous” mother, while her parents said the “brightest light” in their lives had been “cruelly taken away”. They added that Ms Witham’s two children, who were aged eight and five at the time of her death, are being comforted.

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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50 comments

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jaysa replied to ErnieC | 10 months ago
12 likes

My mother quietly went out and bought herself a car in her early 90s and after several scrapes, I took the keys away as well. She was oblivious to the idea that it would be actually cheaper to call a taxi than pay for all the standing costs of a car in the driveway..

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Robert Hardy replied to ErnieC | 10 months ago
1 like

Same situation here, early dementia symptoms reducing his self awareness, a broken hip has resolved the problem.

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mattw replied to Sriracha | 10 months ago
1 like

My mum stopped driving when a PCSO turned up on the doorstep one day and said "we have a report from somebody who followed you all the way home for 6 miles, and said your driving was erratic".

PCSO refused to identify the alleged witness, or whether they were credible. And started telling her to give up her license.

I found that shocking - bullying, basically.

Given ecredible vidence - fine. But that is just hearsay.

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Robert Hardy replied to mattw | 10 months ago
2 likes

Sometimes hard truths need to be stated baldly, Its quite possible it was one of your mothers neighbours or friends who made the report with the best of intentions, wishing to remain anonymous to protect that relationship. Your mother has stopped driving which saves you from a difficult and possibly rancourous conversation at best, at worst you would meeting the eyes of two young children who have lost their mother due to your mother's failure to recognise her own declining capacity !

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grOg replied to Christopher TR1 | 10 months ago
0 likes

All drivers over 70 should have to pass an annual medical, backed up by penalties for the doctor if their patient is found to be medically impaired from driving safely, after having being cleared for driving by their doctor.

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Rendel Harris replied to grOg | 10 months ago
1 like

grOg wrote:

All drivers over 70 should have to pass an annual medical, backed up by penalties for the doctor if their patient is found to be medically impaired from driving safely, after having being cleared for driving by their doctor.

Are you going to impose a medical which includes CT scans, MRIs, ECGs, full blood panels et cetera? If so who is going to pay for them and from where is the capacity to undertake them going to come? There are numerous illnesses and conditions that could affect driving which could only be detected through such tests. As for imposing penalties on doctors as you suggest, that would instantly lead to all doctors refusing to participate in any such scheme, quite understandably.

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mattw replied to Rendel Harris | 10 months ago
0 likes

It basically just needs a GP (or Practice Nurse) check on the renewal form filled in by the elderly person.

All the processes are already in place for optional GP referral for those of us who have 3-year medical licenses. If you have diabetes for example, one of the triggers for a referral is I think a single low blood sugar episode where third-party assistane was required.

It just needs to be made universal for the 3 year (?) license renewals of 75+ (?) aged people.

It won't be difficult, and it will not take many resources. I estimate a couple of hours a week for one Nurse in each GP Practice.

But it's the usual - we have a Govt filled with political cowards who care more about a few votes than people killed on our roads. 

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Rendel Harris replied to mattw | 10 months ago
1 like

Yes I get that, and I would be all in favour of some basic checks being run as you suggest, that's fine. What I was pointing out to gr0g was that no GP would agree to sign off a driver as fit to continue if, as he suggested, they were penalised if the person was later found to be unfit unless they could run every test imaginable and probably even then they wouldn't want to accept the liability risk.

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Robert Hardy replied to Rendel Harris | 10 months ago
0 likes

They already face sanctions, they can potentially be struck off for failure to act in such cases. They have an absolute duty to tell the patient that they should surrender their licence if they consider them unfit and in the event of the patient refusing they can inform the dvla anonymously, but there does seem perhaps too generous a get out clause for doctors in their professional advice in placing the defence of patient confidentiality on a strong footing compared to the risk the driver potentially poses to innocent third parties. Part of the problem is elderly people hiding symptoms that they think might trigger such an action by a doctor.

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Rendel Harris replied to Robert Hardy | 10 months ago
1 like

Robert Hardy wrote:

They already face sanctions, they can potentially be struck off for failure to act in such cases. They have an absolute duty to tell the patient that they should surrender their licence if they consider them unfit and in the event of the patient refusing they can inform the dvla anonymously

I know this, that wasn't what I was referring to. I was referring to gr0g's suggestion that every over-70-year-old driver should have a medical examination every three years and that if doctors missed or misdiagnosed a condition that subsequently caused the patient to be involved in a driving incident then the doctor would face penalties. Nothing to do with failing to inform the DVLA of a condition but to do with failing accurately to diagnose the condition. As I said, I don't believe that any medical professional would be prepared to carry out an examination and sign any patient off as fit to drive if they were threatened with sanctions if they failed to identify a condition that later proved problematic, particularly given the complexities of dementia diagnosis.

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Oldfatgit | 10 months ago
11 likes

[Snip]
she wished to issue an apology to Ms Witham’s family.
[Snip]

Why should she get what *she* wishes? I'm sure Ms Witham just wanted to get home, in once peice and alive.

2 kids are growing up without their mother because of this old womans inactions.

How many shits did she give about the wishes if those two children not to have their lives violently ripped apart?

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hawkinspeter | 10 months ago
7 likes

So she'll be allowed to drive again when she's 98? Doesn't sound right to me at all.

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cmedred | 10 months ago
11 likes

One cannot help but wonder if 88-year-old Jesper should have been driving at all. But at least she had the good judgment to slow down when she couldn't see well, which does leave one wondering how fast the driver of the car that actually killed Ms. Whitham was driving. I don't know about accident investigators in the UK, but here in the U.S. it is amazing the sorts of deadly careless driving they are willing to dismiss if a driver "stays at the scene.'' And sometimes, if you can't see well enough to safely drive at the "speed limit,'' driving at the limit is careless. 

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eburtthebike | 10 months ago
15 likes

Mr Kerruish-Jones argued that the motorist’s culpability was “low”

No it wasn't, it was completely her fault, she was 100% culpable.  When are we going to stop using weasel words like this to distract from the sheer incompetence of drivers?  I realise that the solicitor is doing the best for his client, but spouting nonsense really shouldn't be allowed, and I hope the judge dismissed for the froth it is.

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jaysa replied to eburtthebike | 10 months ago
9 likes

He claimed that ... her vision was impacted by the glare on the road caused by rainwater.

And that's an excuse?? Highway Code 93 states:
'Slow down, and if necessary stop, if you are dazzled by bright sunlight.'

It is time that judges disallowed such nonsense??

FFS

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Eton Rifle replied to eburtthebike | 10 months ago
1 like

But she's a "grandmother" don't you know? 🙄

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AlsoSomniloquism | 10 months ago
16 likes

How close and how fast was the other driver travelling being as they couldn't stop in time and probably caused the fatal blow? I don't see how they were cleared of wrongdoing.

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Sriracha replied to AlsoSomniloquism | 10 months ago
2 likes

I'm guessing she also couldn't see (it's the glare from the sun on the wet road - so it's really not the driver's fault, simply couldn't see, so how can they be expected not to hit whatever is in front of them?)

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Hirsute replied to AlsoSomniloquism | 10 months ago
0 likes

We don't know what side of the road it was though.

She should never have been driving.
Utterly incompetent to be in charge of a vehicle.

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AlsoSomniloquism replied to Hirsute | 10 months ago
1 like

We don't. However I would be surprised of the missing mirror was on the drivers side for one, and the reporting mentioned later when the victim was trying to stand again that she was hit, so that does seem to indicate it wasn't split seconds after the collision. The Police supposedly seemed to think only one car was involved until they watched the CCTV, which also potentially indicates the initial car had cleared out of view. 

The mention of CCTV and winter sun on wet roads seems to indicate the collisions happened here in this orientation. So a slight bend but enough time for avoiding a second collision from an attentive driver. 
 

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