Call for law change after dad ‘killed by drunk driver out on bail’

The "devastated" family of dad killed in a head-on crash by a driver high on drugs and alcohol, are calling for urgent changes to the law. Joshua Eldred, 31, intoxicated and speeding at over 65mph, was on the wrong side of the road when he slammed into a vehicle carrying Tim Burgess, 48, and Wendy Wall, 48, on July 18 2024. Tim, a dad hailing from Frodsham, Cheshire, and employed at a Runcorn fish and chip shop, died before emergency services could save him, while his partner sustained serious injuries.

Chester Crown Court heard that just days prior to the incident, Eldred had been released on bail following another dangerous driving arrest. Despite his arrest for crashing into a stationary car under similar intoxication, his licence remained valid up until the fatal collision. Eldred was sentenced to 12 years in prison at Chester Crown Court on October 25 after pleading guilty to causing death and serious injury by dangerous driving.

In the wake of his death, Tim's sister Linzi Stewart, aged 49, has initiated a petition demanding the Government ensures an immediate licence suspension for anyone accused of dangerous driving, pending their trial and the outcome of any proceedings. The campaign, dubbed Tim's Law, is pushing for tougher measures on repeat dangerous driving offenders, including remand in custody or stringent monitoring upon release. The petition has garnered over 68,000 signatures to date, reports Birmingham Live[2].

Linzi, speaking to PA Real Life, shared her heartbreak saying: "If he had been remanded in custody, Tim would possibly still be alive," and "Christmas[3] is coming up, and he was always the first one to say Merry Christmas in the morning." She added: "You have to get on with it for the kids, but it's just going to be a day filled with pain really. Every time you remember your brother's not going to be there for the first time, it's going to be awful."

She emphasised the need for change: "Dangerous and reckless drivers need to be remanded to make the roads safer for all of us and to prevent utterly tragic deaths like my beautiful brother's." Describing the devastating incident, she said, "It's just devastating." The tragedy unfolded as the couple were travelling along the A533 Runcorn Road in Little Leigh around 9.15am, intending to purchase a new car. As they navigated a bend, Eldred, under the influence of alcohol and cocaine, and driving on the wrong side of the road at speeds exceeding 65mph in a 50mph zone, collided head-on with their vehicle.

Linzi recounted the horrific moment: "He's gone to overtake this white van and put his foot down. He was doing between 65 and 70mph and just crashed head-on, straight into them." Tim perished in the collision, while Wendy, who was behind the wheel of the Suzuki Celerio, was left with severe injuries.

Linzi said: "When she came round, Tim was lying across her lap, completely unresponsive. After about 30 or 40 seconds he gasped and then he was gone." Before the fatal smash, Eldred had been observed driving his blue Ford Focus erratically, with instances of stalling at traffic lights and veering onto the wrong side of the road, according to witness accounts.

Following the collision, he was rushed to hospital, where a blood test showed that he had 81 milligrams of alcohol per 100 millilitres of blood, marginally above the legal limit of 80. Additionally, Eldred tested positive for benzoylecgonine (BZE), a byproduct of cocaine, which registered at 800 micrograms per litre--significantly over the legal limit of 50 micrograms per litre--as well as a cocaine level of 32 micrograms per litre, well in excess of the 10 micrograms per litre threshold. On October 25, at Chester Crown Court, Eldred entered a guilty plea for causing death and serious injury by dangerous driving.

He received a 12-year prison sentence and a decade-long driving ban, after which he must pass an extended driving test to regain his licence. However, Linzi had a shocking realisation upon discovering Eldred's history of dangerous driving. A mere 10 days before the fatal incident on July 8, Eldred had been involved in another accident.

He hit a parked car on Mount Pleasant Road in Davenham and fled the scene. While awaiting results from a blood test--which later confirmed alcohol and cocaine in his system--he had been released on bail until July 25, still holding a valid driver's license. "Wendy's got to live with Tim dying in her lap for the rest of her life, and she suffered serious injuries which she's still recovering from," Linzi shared, articulating the grave and enduring impact of the event on their loved ones.

"It's just all gone, just like that, and he's left his 15-year-old daughter, Lillianna. My family have been totally destroyed by it." Eldred had also been convicted of driving under the influence of cocaine in August 2021, and been disqualified for 12 months.

Determined to prevent this from happening again, Linzi has launched a petition on Chang.org demanding the UK Government review laws about remanding dangerous and repeat driving offenders. The petition calls on law-makers to make four changes for dangerous drivers who are caught under the influence of drink or drugs, driving recklessly at high speed or texting on their mobile mobile phone. The first two are that dangerous drivers should have their licences revoked immediately and be strictly monitored through mandatory registration of their vehicles with the DVLA.

It also says repeat offenders should be remanded into custody until they appear in court and the current legal framework must be revised to ensure they are held accountable before they cause "irreparable harm". Linzi's petition has so far garnered more than 68,000 signatures and Linzi has contacted her MP, Dame Angela Eagle, about making a case to Parliament. "Even though he's destroyed our lives, I don't feel anger or hatred towards him," said Linzi. "Us as a family sympathise with Mr Eldred's family and I truly believe he is remorseful about what happened.

What I do feel is that something needs to change regarding the law. "People speeding, on their phones, drink driving - that's what needs to change."

Eldred was sentenced to an additional eight weeks in prison for crashing into a stationary vehicle after blood tests confirmed he was over the legal limit for both alcohol and drugs. Linzi recounted how her brother had been on a video call with Wendy's daughter at the time of the crash.

"We don't even think he saw the car ahead of him, because he was looking down and saying goodbye," Linzi explained. "She was still on the phone when they found it in a hedge." The upcoming Christmas season is set to be particularly tough for Linzi and her family. "I feel like half of me is gone," Linzi expressed. "We've never really known grief like this before.

The shock is horrific and I still cry most days. I've got his pictures everywhere and I still talk to him." Tim's family have paid tribute by decorating a corner of his parents' barn with a plaque inscribed with "Tim's Corner.

We are missing you", alongside his cherished pool cue, as he was passionate about the game and a keen player. Inspector Steve Griffiths from the Cheshire Police Serious and Complex Collision Investigation Unit commented on the incident: "This collision occurred due to the extremely poor and dangerous driving of Joshua Eldred over a prolonged period of time. His driving can only be described as atrocious and pointless."

"Eldred's actions have devastated the lives of all those involved, and the tragic death of Timothy Burgess shows the catastrophic consequences that will happen when these rules are ignored."

To back Linzi's petition, visit: www.change.org/p/tim-s-law-remand-dangerous-drivers.

References

1. ^ Full list of affected areas as Storm Darragh set to batter UK this weekend (www.coventrytelegraph.net)
2. ^ Birmingham Live (www.birminghammail.co.uk)
3. ^ Christmas (www.coventrytelegraph.net)