Uninsured Durham driver had cocaine in system when he crashed into car

But James Glendenning Douglas, who was said to be “lucky to be alive” after the collision with another vehicle, has seen his 70-week sentence reduced by ten weeks, on appeal.

A sentence appeal hearing at Durham Crown Court was told Douglas’s licence was already revoked at the time of the accident, on February 29, as he was deemed unfit to drive following a diagnosis of epilepsy.

The court heard that following the collision, the now 43-year-old appellant, of Sharp Crescent, Gilesgate, Durham, failed a drug wipe test, which revealed the presence of cocaine in his system.

(Image: Internet) Dan Wilberforce, responding to the appeal on behalf of the Crown, said Douglas suffered facial injuries when his head was shunted on to the steering wheel of his vehicle in the impact of the crash, on the A688, near the Bowburn A1(M) interchange.

He was taken to hospital for treatment and given pain killing medication.

Douglas admitted driving while above the limit for cocaine, plus driving without a licence and insurance, when he appeared at Newton Aycliffe Magistrates’ Court last month.

The court heard he was subject of a 12-month suspended sentence for an unrelated matter at the time of the collision.

His advocate at the magistrates hearing said the defendant understood how lucky he had been when he crashed and had, “learned his lesson”.

But the magistrates activated the full 12-months of the suspended sentence and added 18 weeks for the new offences.

Douglas was also banned from driving for three years and nine months, with an £85 costs order and a victim surcharge of £154.

His counsel, Cole Cockburn, told the appeal hearing that it had to be accepted the offences, “crossed the custody threshold.”

But he said on his client’s account, the collision was down to a seizure, arising from a longer-term health condition, and not the drugs in his system.

“He also suffered extensive injury for which he spent two days in hospital, suffering a permanent disfigurement, a back injury which is still painful, and a fractured ankle, which is still causing pain in that area.”

(Image: The Northern Echo) Mr Cockburn said that although he is not of good character, “he is not heavily convicted”, while, other than a short remand period in 2020, this has been his first taste of custody.

He said Douglas has a past drink drive conviction from 20 years ago and has no other motoring convictions since 2012.

Mr Cockburn said since May, the defendant has avoided both alcohol and drugs, as it was when he had a drink that he was tempted to consume cocaine.

He said that while in prison he has also worked with the drug and alcohol rehabilitation service available to inmates.

Mr Cockburn added that if the sentence was suspended Douglas would focus on remaining drug and alcohol-free.

Judge Nathan Adams, who heard the appeal while sitting with two magistrates, said even though the appellant said he took the cocaine a couple of days earlier, he should have known it may still have been in his system when he chose to drive.

The judge said, having read a probation report prepared for the case: “It wasn’t a one-off, as you accepted taking cannabis on a daily basis at the time.

“The fact you knew you were in that state at the time is another reason why you shouldn’t have been behind the wheel of a car that day.”

Although the defendant blamed an epileptic seizure, the judge said: “Frankly, you shouldn’t have been behind the wheel regardless of your medical condition.

“The reality is that you shouldn’t have been in a car, driving.”

(Image: The Northern Echo) Judge Adams said Douglas would have been told he risked activation of the full 12-month sentence if he committed another offence within two years of the previous conviction, which was for a bladed article offence.

But he said he chose to drive that day, when he knew he should not be on the road.

Judge Adams said he and the magistrates agreed that the full 12-month activated prison sentence should remain in place.

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But he said the appeal did succeed to one extent, as they agreed to reduce the additional 18 weeks of the sentence to eight weeks.

It means the sentence now amounts to 60 weeks, rather than the total 70 passed at the original hearing at the magistrates’ court.

As a parting shot, Judge Adams told Douglas: “If you really want this to be a line in the sand, take advantage of the drug services available in prison, otherwise you will find yourself back in and out.”