Fatal Collision Leads to Driving Ban
A motorist responsible for the death of a motorcyclist will never drive again, a court was told.
Dawn McIntosh, aged 54, and Andrew Wright, 34, were involved in a collision after McIntosh attempted to overtake a camper van on the A96 Alves to Forres road in Moray during 2023.
McIntosh, from Forres, was charged with causing the death of the Elgin man by dangerous driving but was found guilty by a jury of causing death by careless driving instead.
At the High Court in Aberdeen, Judge Summers sentenced McIntosh to 200 hours of unpaid work and imposed a three-year driving disqualification.
McIntosh, a first-time offender, was represented by defence counsel who stated she had no intention of driving again.
The court was informed that the victim was a devoted husband and father.
The fatal incident occurred on 30 July 2023.
The collision involved McIntosh's white Hyundai i10 and a black Yamaha Tracer 9 motorcycle.
The victim sustained injuries so severe that he died at the scene.
McIntosh was found guilty following a four-day trial, with sentencing deferred to allow for background reports.
Her defence lawyer, Michael Chapman, said McIntosh had always accepted full responsibility for the collision that resulted in the motorcyclist's death.
Chapman explained that McIntosh had previously offered to plead guilty to causing death by careless driving, but this offer was rejected, leading to the dangerous driving charge proceeding to trial.
He added that she felt
"deep remorse"for the incident.
"She has no intention of ever driving a motor vehicle again,"Chapman said, adding that she believed no punishment could ever atone for her actions.
However, he argued that a custodial sentence would not serve a useful purpose.
Judge Summers expressed the court's profound condolences for the
"unimaginable heartache"caused by the incident.
He commended the victim's relatives for their
"extraordinary courage and dignity"during the trial as they heard details of the final moments of the biker's life.
The judge described the victim impact statements as
"heart-rendering"and emphasized that they portrayed the deceased as a
"kind, gentle and loving"individual, making the tragic nature of his death even more poignant.
He acknowledged that no sentence could compensate for the devastating loss but hoped it would provide some measure of closure.
Details of the Collision and Sentencing
The judge detailed that McIntosh had pulled out from behind a camper van into the path of the motorcyclist, causing a
"catastrophic"collision for which the victim was blameless and had no chance to avoid the crash.
He characterized the incident not as a course of careless driving but as a
"momentary lapse", noting McIntosh's genuine remorse.
Judge Summers was satisfied that a driving disqualification and a community payback order, as an alternative to imprisonment, were appropriate.
Additionally, McIntosh will be subject to supervision for one year following her sentence.
