Dad died in partner’s arms after their car was hit by driver high on drink and cocaine

The "devastated" family of a father who was killed in a head-on collision caused by a drunk and drugged driver, who had been released on bail for dangerous driving just 10 days earlier, have demanded a change in the law. Joshua Eldred, 31, was under the influence of alcohol and cocaine, driving at over 65mph on the wrong side of the road when he crashed into a Suzuki Celerio carrying Tim Burgess, 48, from Frodsham, Cheshire, and his girlfriend Wendy Wall, 48, on July 18, 2024. Tim, a father to 15 year old Lillianna and an employee at a fish and chip shop in Runcorn[1], tragically died in Wendy's arms minutes later, before she was rushed to hospital with serious injuries.

Eldred was handed a 12-year prison sentence at Chester Crown Court[2] on October 25 after admitting to causing death and serious injury by dangerous driving[3]. It emerged that he had a previous conviction for dangerous driving and had been arrested just 10 days earlier for crashing into a stationary car while intoxicated. Despite this, Eldred was released on bail and still held a valid driving licence when he caused the fatal accident.

Linzi Stewart, Tim's 49-year-old sister, has started a petition urging the Government to change the law so that those accused of dangerous driving would have their licences immediately revoked, pending trial and sentencing. The campaign, known as Tim's Law, is gaining momentum with over 68,000 signatures, as it pushes for stricter measures against repeat dangerous driving offenders, including detention in custody or stringent monitoring upon release. Linzi, speaking to PA Real Life, said: "If he had been remanded in custody, Tim would possibly still be alive.

"Christmas[5] is coming up, and he was always the first one to say Merry Christmas in the morning. 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."

"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. "It's just devastating."

The tragic collision happened when Eldred, who was under the influence of alcohol and cocaine, was driving on the wrong side of the road. "He's gone to overtake this white van and put his foot down," said Linzi.

"He was doing between 65 and 70mph and just crashed head-on, straight into them." Tim was fatally injured in the smash, leaving Wendy seriously injured as well: "When she came round, Tim was lying across her lap, completely unresponsive," said Linzi "After about 30 or 40 seconds he gasped and then he was gone."

Witnesses reported seeing Eldred driving his blue Ford Focus erratically prior to the crash, stalling at traffic lights and veering onto the wrong side of the road.

After being taken to hospital post-accident, blood tests revealed he had 81 milligrams of alcohol per 100 millilitres of blood, which is just over the legal limit. He also tested positive for benzoylecgonine (BZE), a cocaine breakdown product, with a reading of 800 micrograms per litre, exceeding the 50 micrograms per litre limit, and cocaine, with a reading of 32 micrograms per litre, well above the 10 micrograms per litre limit. Join our WhatsApp Top Stories and, Breaking News group by clicking this link[6]

On October 25, at Chester Crown Court, Eldred admitted to causing death and serious injury by dangerous driving and received a 12-year prison sentence with a subsequent 10-year driving ban, after which he must pass an extended driving test. However, Linzi was shocked to discover that Eldred had previous dangerous driving offences. In an incident on July 8, merely 10 days before the fatal crash, he collided with a parked car in Davenham and left the scene.

Eldred had been released on bail until July 25, with a valid driving licence while police waited for the results of his blood test, which confirmed he had been drinking and taking cocaine. "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 said. "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 gained 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 handed a further eight weeks in prison for crashing into the stationary car, after blood tests confirmed he was over the legal limit for both drink and drugs. Linzi said her brother had been speaking to Wendy's daughter over video call when the accident happened. "We don't even think he saw the car ahead of him, because he was looking down and saying goodbye," said Linzi.

"She was still on the phone when they found it in a hedge." The Christmas period is going to be particularly difficult for Linzi and her family. I feel like half of me is gone.

"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 decorated a corner of his parents' barn with a plaque that reads "Tim's Corner.

We are missing you", and his pool cue, as he was a big fan of the sport and an avid player. Inspector Steve Griffiths, of the Cheshire Police Serious and Complex Collision Investigation Unit, said: "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 support Linzi's petition visit: www.change.org/p/tim-s-law-remand-dangerous-drivers[7]

References

1. ^ Runcorn (www.manchestereveningnews.co.uk)
2. ^ Chester Crown Court (www.manchestereveningnews.co.uk)
3. ^ admitting to causing death and serious injury by dangerous driving (www.manchestereveningnews.co.uk)
4. ^ Pregnant woman left 'shaken' after car rammed by hit and run driver on M60 (www.manchestereveningnews.co.uk)
5. ^ Christmas (www.manchestereveningnews.co.uk)
6. ^ clicking this link (chat.whatsapp.com)
7. ^ www.change.org/p/tim-s-law-remand-dangerous-drivers (www.change.org)