A NORTHWICH man who smashed his BMW into an electricity pole at 50mph, leaving his friend with a fractured spine, has avoided jail.
Richard Cunliffe, no fixed address, initially denied dangerous driving after the crash on Marston Lane, near Four Lanes Garage.
Police arrived at the scene at around 2.45am on Saturday, October 15, 2022 to find the car in the middle of the road and smoke pouring from the bonnet.
Cunliffe told officers his BMW had a tracking fault after he ‘bent the rear control arm' the week before, and it had been ‘crabbing’.
Despite knowing the car was faulty, he still took the corner at 50mph on an unlit lane at night when there was standing water on the road.
The 28-year-old was breathalysed at the scene and blew 55 micrograms of alcohol per 100 millilitres of breath, putting him over the limit, but officers couldn’t get a proper sample for evidence as he needed urgent medical treatment.
Cunliffe was charged with driving a motor vehicle dangerously, but pleaded not guilty on May 12, 2023, yet failed to show up for his trial the following September.
Cunliffe pleaded not guilty to dangerous driving, but failed to show up for his trial and was convicted in his absence (Image: Cheshire Police)
He was convicted in his absence and a warrant was issued for his arrest. He turned himself in and was remanded in custody.
He was later bailed to return to Chester Crown Court for sentencing on Tuesday, January 30.
Prosecuting, Tom McLoughlin showed the court CCTV footage seconds before the crash showing Cunliffe’s car travelling at speed past Four Lanes Garage.
He also said his driving was ‘entirely inappropriate to the conditions’, as the lane was largely unlit, and there was standing water on the road.
Defending, Ryan Rothwell said his client ‘accepts his driving was inappropriate to the conditions’, and losing his driving licence has cost him his job and his home.
However, Cunliffe currently has a job offer as a solar panel fitter to start next week, Mr Rothwell added, depending on the outcome of the sentence hearing.
He also told the court Cunliffe has a daughter, who is deaf and has a cochlear implant, who he sees every weekend.
Passing sentence, the recorder, Ciaran Rankin, said: “Given the injury your passenger suffered, and the fact you were driving a car with a known defect, you’re very fortunate not to have been charged with something more serious."
Cunliffe was handed a 12-month prison sentence, suspended for 12 months.
He was also ordered to complete 200 hours unpaid work and ordered to pay £420 court costs and a victim surcharge.
He was also banned from driving for 12 months, and ordered to take a retest to get his licence back once the ban is over.
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