Drink-driver caused death of 18-year-old friend in high speed crash

High Court: Jamie Fleming was jailed for five years.Ciaran Donnelly

A drink driver who was almost twice the legal limit when he crashed causing the death of his friend has been jailed for five years.

Jamie Fleming, 21, later told police that he felt fine and did not think the pints of lager, vodka and coke and a shot of spirits he had consumed after going out to watch a televised football match had affected him before the fatal collision.

Fleming lost control of his uninsured Ford Focus while speeding on a motorway slip road near Perth and crashed claiming the life of his passenger 18-year-old Ricky Brown.

Judge Lady Stacey the High Court in Edinburgh: "Ricky Brown was a young man with his life in front of him. Nothing I can say or indeed nothing you can say or do can lessen the grief his family and friends must feel at his loss. You will have to live with that knowledge for the rest of your life. You chose to drive that night while under the influence of alcohol having been in several different pubs."

She added that he had then driven "much too fast" and lost control of the car resulting in the accident which caused "the tragedy of your friend's death".

The judge pointed out that he had no insurance at the time having got a quote, but not taken it up.

She told Fleming, who was 20 at the time of the offences, that his record was "a troubling one" with a previous conviction for careless driving and two warnings from police over motoring incidents.

Lady Stacey said: "So far you have shown you are a danger to yourself and other road users and therefore I have to take a very serious view of the two offences."

She told him he would have faced a seven year jail term, but for his guilty pleas and banned him from driving for eight years and until he passed the extended test.

The apprentice plumber earlier admitted causing the death of Mr Brown by driving carelessly and with excess alcohol on March 18 last year near Perth.

He drove at excessive speed, failed to negotiate a bend and lost control of the vehicle.

Fleming, of Hill Road, Newburgh, in Fife, was calculated to have 140 milligrammes of alcohol in 100 millilitres of blood. The limit is 80 in 100 millilitres of blood. He also admitted the insurance offence.

Crash investigators reckoned that the car could have been travelling at up to 83 mph before the incident.

Advocate depute David Nicolson said they could not say how many times it rolled before stopping.

He said:"They are of the opinion that the front of the vehicle struck a crash barrier causing the front to become airborne before the vehicle rolled. Firefighters were called in to get both Fleming and Mr Brown, who suffered head injuries, out of the crashed car."

Mr Nicolson said on the evening of March 17 Fleming had collected Mr Brown, of Mugdrum Place, Newburgh, before picking up Ross Anderson at Bridge of Earn and driving to Perth to watch a televised football match in The Foundry pub.

After the first half they decided to go to another bar, The Sandeman, to watch the rest of the game and Fleming continued to drink.

They then went on to another bar before Fleming and Mr Brown left and tried to get into another pub but were refused entry.

Mr Anderson arranged for a taxi to take him home during the evening.

Fleming and Mr Brown returned to his car and drove to a car park at the South Inch.

Another motorist pulled up alongside and had a brief conversation before driving off followed by Fleming.

Both cars headed towards the M90 and Fleming accelerated hard to overtake the other vehicle and continued to accelerate down the slip road.

The following driver, Michael Davie, lost sight of his car but towards the end of the slip road saw a cloud of dust and then the headlights of a car which he realised was rolling in the road ahead of him.

He stopped, contacted emergency services and ran over to Fleming's vehicle which was extensively damaged but had come to rest on its wheels.

Mr Nicolson said: "He approached the driver's side of the car where he saw the accused moaning in pain and continually asking to 'check Ricky'. After they were freed from the car both driver and passenger were taken to Ninewells Hospital in Dundee where Mr Brown later died."

Fleming, who was breathalysed before going for treatment, was later interviewed by police and said he had drunk three pints of lager, a vodka and coke, a shot of spirits and sipped half a vodka and coke.

The advocate depute said: "He was asked to describe his sobriety given the number of alcoholic drinks he had consumed on the night of the incident. He stated that he felt fine and didn't think it affected him."

Defence solicitor advocate Iain Paterson said Fleming had not driven since the fatal accident.

He said: "He is a young man who has made a terrible error of judgement which has had terrible consequences."

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