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Drug driver who caused horrific crash which seriously injured cyclist avoids jail, given 10-month suspended sentence

The "impatient" driver was overtaking a stalled vehicle at traffic lights in Blackburn, pulling into the opposite lane and hitting a cyclist described as "very fortunate not to have died"...

A driver twice the legal limit for cannabis who hit a cyclist 20 feet into the air, while overtaking another vehicle at a set of traffic lights, causing serious injuries, has avoided jail.

CCTV footage of the shocking incident in Blackburn, Lancashire, in August 2023 was shared on Facebook and shows the moment drug driver Danial Arshad lost patience with a stalled motorist and overtook in the lane for oncoming traffic, causing a head-on collision with Nicholas Cooper.

Arshad pleaded guilty to causing serious injury by careless driving and was sentenced at Preston Crown Court to a 10-month sentence, suspended for two years, and received a three-year driving ban, the Lancashire Telegraph reported from the sentencing.

The court heard Mr Cooper "was very fortunate not to have died" and the collision was a "very severe impact all because you [Arshad] were impatient to get around a car that had stalled at the lights".

Mr Cooper's injuries were so severe that there was a risk of paralysis throughout his time in hospital. He also suffered a collapsed lung and fractures to his ribs and spine.

CCTV footage of incident that saw drug driver avoid jail for hitting cyclist (Facebook/Ted Sayers)

Arshad was found to be positive for cannabis at twice the prescribed limit when he was drug tested by police, the court hearing that his impatience caused the serious collision at the Four Lane Ends junction at around 7.40pm on Thursday 31 August 2024.

In a statement read out in court, Mr Cooper said he feels he "partially died in the incident" and he is "mourning the loss of who I was before".

"During my time in hospital, I lost my dignity but I felt at my most vulnerable when I was discharged," the prosecutor read on the cyclist's behalf. "I was a very good racer and going against the best in the world, and I lost that opportunity and will never get it again as cycling was so much part of my identity."

CCTV footage of incident that saw drug driver avoid jail for hitting cyclist (Facebook/Ted Sayers)
CCTV footage of incident that saw drug driver avoid jail for hitting cyclist (Facebook/Ted Sayers)

The judge, Richard Gioserano, described the incident as a "close call" and said it was clear Arshad being "impatient" and "under the influence to some extent of cannabis" had caused it.

"Mr Cooper was very fortunate not to have died, and this was of course a very severe impact and all because you were impatient to get around a car that had stalled at the lights," he told the court.

"Your view was restricted by the car that had stalled, and you were under the influence to some extent of cannabis. You are of previous good character, and you are genuinely remorseful, and you continue to demonstrate that. You have been fortunate, and I hope this is the last time a criminal court will see you."

Arshad's legal representation suggested in mitigation that the drug driver had described his actions as "the worst mistake of my life" and he would never forgive himself. He is required to undertake 15 days of rehabilitation activity and 300 hours of unpaid work as part of his sentence. He has also been suspended from driving for three years.

Dan is the road.cc news editor and has spent the past four years writing stories and features, as well as (hopefully) keeping you entertained on the live blog. Having previously written about nearly every other sport under the sun for the Express, and the weird and wonderful world of non-league football for the Non-League Paper, Dan joined road.cc in 2020. Come the weekend you'll find him labouring up a hill, probably with a mouth full of jelly babies, or making a bonk-induced trip to a south of England petrol station... in search of more jelly babies.

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41 comments

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Brightspark | 6 hours ago
1 like

So this has reminded me to see if there has been any progress on the trial of the killer of my friend, club mate John Froud who was killed by a driver who also high on cannabis.

The story on Road CC was covered here.

Well the trial happened, unfortunatly it was not reported on this site. But I found it on the the timetrial forum.

It's not good news, and it seems that it doesn't matter if you kill or injure a cyclist, being wacked out on drugs when you crash into somebody (or just a another cyclist) gets the same sentence. Diddly squat.

At the hearing on 02/08/2024  at Winchester Crown Court the defendant Sergiu ZIMBRU was sentenced as follows:

Offence: Cause death by careless / inconsiderate driving – 25/09/2022

(No mention of the drug abuse there I note)

Suspended sentence order made;

-          10 months imprisonment, suspended for 24 months

-          Rehabilitation Activity Requirement: Offender to comply with any instructions of the responsible officer to attend appointments (with the responsible officer or someone else nominated by them), or to participate in any activity as required by the responsible officer up to a maximum of 20 Days

-          Unpaid Work Requirement: Carry out unpaid work for 300 Hours within the next twelve months. This work will be supervised by the responsible office.

Obligatory disqualification until extended test passed. Disqualified for holding or obtaining a driving licence for 24 Months. Disqualification obligatory for the offence. Driving record endorsed. Disqualified until extended test of competence has been passed. Sections 34(1) & 36 Road Traffic Offenders Act 1988.

Ordered to pay a court surcharge of £114.00.

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Vo2Maxi | 10 hours ago
4 likes

Also, why is the judge downplaying the cannabis use? "Under the influence to some extent"? WTAF? There's a limit for a reason, and this guy was TWICE over it. How is that any different from being twice over the alcohol limit, which I think would have put this guy in jail?
Perhaps the judge is a "recreational user" at the weekends and can't see the harm in it? FFS.

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Vo2Maxi | 10 hours ago
4 likes

For this poor guy it was a life-changing injury, even if as far as the medical profession (and certainly, this idiot judge) is concerned he's made a "full recovery". Life changing because Cooper will never be the rider he was. A big injury like that, you're never the same again. Froome, Bernal, Geoghegan-Hart, and in my own small way, me. I was mid-40s (my 1st Cat career long gone) when I T-boned a car which didn't look and pulled across me, I was doing 25mph. My femoral neck had to be rebuilt. I had a good outcome but I'm not the rider I was, I wouldn't be competitive in Masters racing.
There needs to be more recognition of victim's lives being messed up when sentencing, not only if someone dies.
I hope Cooper gets over his loss, because loss is what it is.

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cmedred | 11 hours ago
3 likes

So here is a question to ponder: If Arshad had caused a head-on collision with a motor vehicle causing its driver to suffer injuries as severe as those suffered by Mr. Cooper, would the sentence imposed on Arshad have been the same?

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DeelitedManchester | 11 hours ago
4 likes

I took particular interest in this article because the incident occurred in the area where I grew up.  I lived at the top of that hill (Revidge Road) and used to cycle daily down to Pleckgate High School.  I remember reading about it last year and not just on Road.cc either.  What amazed me was the victim blaming when I read through the readers' comments in the various articles; see the article in Lancashire Evening Telegraph for example:

https://www.lancashiretelegraph.co.uk/news/23764403.moment-cyclist-involved-horror-crash-car/

Typically, cyclists ride too fast and treat the roads like their own personal velodromes. Ironically, cyclists are also the greatest cause of drivers being held up!  Obviously, drivers treating our roads like their own personal racetrack is acceptable.

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OldRidgeback | 13 hours ago
7 likes

That is a very light sentence. I hope the injured cyclist can recover and can also sue the driver for very heavy damages. Why the driver isn't banned from driving for longer makes no sense.

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mitsky | 16 hours ago
7 likes

Hopefully the result of this case is changed due to being unduly lenient. 

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brooksby | 16 hours ago
11 likes

I was impressed by how quickly people from the other motor vehicles leapt out to go and see how the fallen cyclist was doing… 

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chrisonabike replied to brooksby | 14 hours ago
5 likes

Presumably "shocked, I was shocked"... and then "not rushing to leave my safe space having just seen a graphic demonstration of how fragile vulnerable road users are"?

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eburtthebike | 16 hours ago
15 likes

The judge, Richard Gioserano, described the incident as a "close call"...

Which demonstrates the difference between plain English and legalese.  Nowhere else could a life-threatening, life-altering, high speed collision, entirely the fault of the driver, be described as a "close call".  I wonder if he'd call it that if it had been his son who nearly died.

I'd despair, but I'm way past that.

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Clem Fandango replied to eburtthebike | 16 hours ago
8 likes

"close call"....it might have been an actual person....

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wtjs replied to eburtthebike | 16 hours ago
3 likes

Eburt is exactly right!

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brooksby replied to eburtthebike | 15 hours ago
3 likes

So, by "close call" did he mean "nobody died"? Because otherwise, saying it was just a close call is f-ing insane! no

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Bill H | 17 hours ago
8 likes

I thought that cannabis was supposed to calm you down? Ridiculous sentence,he should have been jailed for causing such serious injuries.

Also, how can he be of 'good character' if he has been purchasing cannabis? It is a controlled substance that he has been buying from criminals. People of good character may have the misfortune to mix with crooks who's activities are unknown to them, but you do not unwittingly buy drugs.

 

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Rendel Harris replied to Bill H | 16 hours ago
4 likes

Bill H wrote:

I thought that cannabis was supposed to calm you down?

For most users it does, although there is some evidence that heavy long-term use of stronger variants such as skunk can lead to psychotic events. Unfortunately it also tends to remove inhibitions and therefore encourages risk-taking behaviours which, coupled with the impairment to perception it also imposes, can lead to fatal errors of judgement. The correct sentencing for driving in such a condition seems still to need working on; if the driver in this case had twice the legal amount of alcohol in their blood one would think it very unlikely they would have got such lenient treatment.

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FionaJJ replied to Bill H | 15 hours ago
6 likes

I'm fairly sure polls show lots, possibly most people think cannabis should be legalised. It's less harmful than alcohol, and there is plenty of evidence that the current system of prohibition causes far more harm. In that respect, most people (even judges) won't think that someone who uses cannabis is of bad character any more than discovering that someone didn't wait until they were eighteen before having their first pint in a pub.

I'd argue the poor character comes from driving whilst still under the influence of cannabis, and the lack of patience when overtaking, which I'd argue reflects a permanent bad attitude. Reading the original article the driver abandoned the car and ripped off the number plates - presumably a clumsy attempt at a cover up. That to me is a more relevant sign of bad character.

One of the very obvious pitfalls of prohibition is that it's much harder for people to be educated on the dangers of drug driving. I have a good idea how much I can drink and when if I want to be sure of being under the legal drink drive limitthe next time I drive. If I were a cannabis user (I'm not - just think the laws are daft) I wouldn't have a clue how to work out when I'd next be safe to drive. An unregulated market means I'd have no idea how many 'units' I'd consumed, and under prohibition there is a lack of general knowledge in the population, never mind communicated official research as to how long it takes for whatever I have consumed to enter and then leave my system.

I remember turning up at a local police station the day after my friend's eighteenth to ask if he could be breathalised as we weren't sure if he was OK to drive yet. They had a good laugh, but went along with it. We'd never consider asking for a check against the cannabis driving limit.

Of course this man may have smoked a joint immediately before getting into the car, and there is no ambiguity that he should have known he was not fit to drive. If there were any doubt he should have avoided driving/consuming the cannabis, but I genuinely have no idea how much he'd need to have smoked or when to be twice over the legal limit, so I find it harder to be judgemental on that one.

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Surreyrider replied to FionaJJ | 14 hours ago
0 likes

What strange logic.

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giff77 replied to Bill H | 13 hours ago
0 likes

Cannabis may act as a sedative. Long term use does result in impaired cognative processes. There is also evidence that it can increase anxiety and bring on psychotic issues.   

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alexuk | 17 hours ago
0 likes

May sound harsh, but seems appropriate given the evidence. He didn't see the cyclist hauling ass towards him, if he did, it seems likely he wouldn't have pulled out; clearly intention to do harm could not be proven. If he pulled out having seen the cyclist, then dangerous all-day. I'm glad the driver is off the road for the next 3yrs and has to spend the next two years on best behaviour with mandated rehab + 300hrs unpaid.

Sometimes accidents happen. I hope the rider manages to find himself again and the driver makes a positive change to his life.

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Clem Fandango replied to alexuk | 17 hours ago
16 likes

You get more for protesting climate change.

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Krd51 replied to Clem Fandango | 15 hours ago
0 likes

You're the kind of bed wetter that is the reason we have such poor driving standards. Where on earth do you pull out at lights like that to overtake, it can't possibly be justifed. Lets hope when someone does this again it doesnt kill you, but if it does.....oh well they didn't mean it.

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Rendel Harris replied to Krd51 | 13 hours ago
7 likes

Krd51 wrote:

You're the kind of bed wetter that is the reason we have such poor driving standards. Where on earth do you pull out at lights like that to overtake, it can't possibly be justifed. Lets hope when someone does this again it doesnt kill you, but if it does.....oh well they didn't mean it.

You appear to have got hold of completely the wrong end of the stick with spectacularly stupid ease. Clearly when CF says "You get more for protesting climate change" he is pointing out how ridiculous it is that this person didn't go to prison for such an appalling offence while people whose only crime was to engage in civil disobedience have done. How you've managed to think that he is trying to justify either the offence or the sentence is quite beyond me, and I suspect anybody with more than a teaspoon of grey matter in their skulls.

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NotNigel replied to Rendel Harris | 13 hours ago
5 likes

Anyone with a teaspoon of grey matter could see that his comment is aimed at the troll, who's done a pretty good job of getting the reaction he/she so wanted.

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Clem Fandango replied to Krd51 | 13 hours ago
4 likes

I'll assume your comment is directed at the OP.

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LeadenSkies replied to alexuk | 17 hours ago
16 likes

It's not an accident when you drive whilst high on drugs, that's always a conscious decision and one that deserves to be appropriately punished.

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Das replied to alexuk | 17 hours ago
10 likes

He's a drug driver, so no, it's no accident. He didn't see the cyclist, as he wasn't looking. He was annoyed at the vehicle in front, most likely berating the driver as he went past. His attention was elsewhere when it should have been looking ahead. He never even braked, even after he wiped the cyclist out. 

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the little onion replied to alexuk | 16 hours ago
10 likes

alexuk wrote:

Sometimes accidents happen. 

Taking enough drugs to impair your driving, pulling onto the wrong side of the road without having a view of who is in that lane, overtaking at a junction. None of that is an 'accident'. It's criminal negligence, in the literal sense.

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alexuk replied to alexuk | 16 hours ago
0 likes

Clearly no one on Road.cc ever made a mistake in their lives. You're all so quick to judge and spew hate. Shows your age. I'm glad you're not working the courts.

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Rendel Harris replied to alexuk | 16 hours ago
11 likes

alexuk wrote:

Clearly no one on Road.cc ever made a mistake in their lives. You're all so quick to judge and spew hate. Shows your age. I'm glad you're not working the courts.

Nobody in these comments thus far (12:03 p.m.) has made any comment that could be remotely construed as "spewing hate". In fact the only person who appears to be spewing hate is your good self, against other commentators because they don't agree with your point of view. Perhaps you could take off your troll hat for a moment and consider how you would feel if you or one of your loved ones was nearly killed, hospitalised with a risk of paralysis and with a punctured lung and spinal fractures because somebody chose to drive whilst stoned and couldn't be bothered to wait behind another driver so drove head-on into you. Would you be shrugging your injuries, or perhaps those to a child of yours, off as "sometimes accidents happen"?

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lesterama replied to alexuk | 16 hours ago
12 likes

I'd hope we save our 'mistakes' for things that have little consequence - such as putting too many sugars in someone's tea, perhaps. On the roads, sensible people mitigate against their 'mistakes' by looking twice, leaving extra room, not being stoned, driving at an appropriate speed for the conditions etc.

If someone can't drive without taking people out, they're not fit to drive.

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