Corby haulier’s appeal thrown out as judge he hears he was 'sweaty and out of breath’ after car crash

A haulage company owner who caused a serious car crash on a major road after leaving a pub has had his appeal against his conviction dismissed.

Alan Marshall, 42, was previously found guilty of leaving the scene of an accident and of driving without due care and attention and was given a suspended 20-week jail term, 150 hours of unpaid work, £1,000 in compensation and a year-long driving ban.

He returned to crown court last week to appeal before a judge and two senior magistrates.

Northampton Crown Court heard a male victim was driving his Vauxhall Astra along Oakley Road on the evening of October 9, 2020, when Marshall’s Mercedes pulled out of the Spread Eagle car park.

Barrister David Lee, for the crown, read out the victim’s statement which said: “He gave me little time to react.

"I closed my eyes and the next thing I remember was regaining consciousness inside the vehicle with multiple people trying to help.

"I was pulled out of the vehicle by members of the public and I realised my car had gone about ten to 15 feet down a ditch.”

Police officers found both vehicles with significant damage. The key was in the footwell but Marshall was nowhere to be seen.

They went to his nearby home in Little Meadow, Great Oakley where police body-worn camera footage showed him wearing a grey tracksuit, out of breath, sweaty, and with a cut to the left of his cheek.

A statement provided by a police officer said: “He had a glazed expression on his face and was clearly drunk.”

Marshall had 105 microgrammes of alcohol in 100ml of breath, three times the drink drive limit.

He told the officer he had not been driving and said he had ‘wondered where his car keys had gone’. He added: “I went outside (the pub) and my car was gone.”

Marshall’s barrister said the evidence against the appellant was only circumstantial and that his client had walked home from the pub.

"Can you be certain he was driving?” He asked His Honour Judge David Herbert? “I submit that you cannot.”

Judge Herbert, sitting with magistrates Dominic Goble and Amy Crawfurd, rejected Marshall’s appeal. He said: “The prosecution case rests on circumstantial evidence but that evidence is strong and we are satisfied so that we are sure the appellant was driving at the relevant time.

"It was his vehicle involved in the RTA, the manner of driving was affected by alcohol, and he was found in drink near his home a short time later.”

He also noted Marshall had declined to give evidence.

Marshall also appealed against the length of his driving ban. He told the court he employed three drivers, four members of agency staff and turned over £1m per year.

He said the ban, of which he has already served five months, was having a ‘devastating impact’ on his Corby-based business, A T Transport.

His barrister said Marshall was ‘the face of the business’ and now had to use taxis to meet new and existing clients.

Dismissing the appeal, Judge Herbert said: “Our view is that the sentence imposed by the magistrates was entirely correct.

He ordered the appellant to pay a further £500 in costs.