Speeding driver was on the phone when he mowed down man
A SPEEDING driver who was on a phone call at the time mowed down a man he claimed had “jumped” out in front of him.
John Paul Smith, 42, was behind the wheel of his Mercedes C220 when he hit Christopher Devine, of Clydebank, as he tried to cross the A82 at Great Western Road near Duntocher.
The 34- year- old suffered fatal injuries following the horror collision on November 23, 2020.
Smith yesterday pleaded guilty at the High Court in Glasgow to a charge of causing death by careless driving.
The accounts manager found to have more than 10 times the prescribed limit of a drug called Benzoylecgonine – a “metabolite from cocaine usage” – following a blood test.
But, a judge was told it was accepted this “played no part” in what happened.
Prosecutor Gavin Anderson KC said: “At the time, Smith was engaged in a ‘ hands- free’ Bluetooth telephone call with an insurance company.”
Police collision investigators concluded Smith had been travelling at an average speed of 71mph in a 50mph zone.
It was said Smith also had a five- second window to react to Mr Devine although this could have been impacted by the rain or glaring lights.
It emerged Smith already had previous convictions for careless driving and speeding.
Brian McConnachie KC, defending, said: “I have not been able to find another prosecution ( like this) in Scotland. I have found a few in England. It is unusual... in that it is an offence of being over the limit of a prescribed drug despite the fact it effectively played no part ( in what happened).”
Smith, of Dumbarton, will be sentenced in the New Year. Lord Mulholland continued bail for Smith and deferred sentencing for reports.