Ferryhill painter and decorator jailed after failing to beat red light in work van and causing crash near Chilton

Self-employed painter and decorator Patrick Gavin Batty had crossed a solid white line to overtake a car shortly before reaching the traffic lights, on the A167 Chilton bypass, on February 28.

Durham Crown Court heard that he was driving at the permitted maximum 50 miles per hour speed for his work van prior to the overtaking manoeuvre, as he travelled south from his Ferryhill home on his way to a job in Darlington, at 8.30am.

Paul Green, prosecuting, said the car driver ahead felt he was tailgating, as she could not see his registration plate in her rear view mirror.

But, having accelerated to overtake, breaching the solid white line, he was said to have maintained his speed approaching the lights at the junction for Chilton.

Mr Green said as Batty, 52, reached the junction the traffic lights turned to red and a driver travelling in the opposite direction was just beginning to turn right, having passed through the lights on green.

Batty’s Vauxhall Vivara van collided with the front corner of the woman’s car, with both vehicles suffering substantial damage.

Mr Green said a number of passers-by stopped to lend a hand, while Batty remained at the scene and was said to have been “co-operative” with police, showing concern for the female driver.

The court heard that she suffered some whiplash-type injuries, was temporarily deafened by the activation of the air bag, while the impact also exacerbated a pre-existing foot injury.

Having previously denied dangerous driving, Batty, of Dean Road, changed his plea to guilty on the day his trial was to have begun.

Graham Silvester, mitigating, said his client, who is of previous good character, was under no pressure of time that morning, but believed the woman driving ahead was travelling too slowly.

“He knew he shouldn’t overtake on a double white line, and, because he did, relatively close to the traffic light, he did not have time to adhere to the light.

“He does know the road and regularly drives it.

“When it came to the split second issue he felt he would either have to brake suddenly or carry on, which he failed to do desirably.”

Mr Silvester said it was a “serious misjudgement” for someone who has held a full driving licence for 20-plus years with only two previous speeding misdemeanours.

Jailing him for eight months, Judge Christopher Prince said he had to send out a message to deter other drivers from such “flagrant disregard” of the rules of the road.

He also banned Batty from driving for 16 months.