Horncastle: Drink-driver jailed over passenger death crash

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Forrest BurginImage source, Lincolnshire Police
Image caption,

Burgin, from Chesterfield, was jailed for six years at Lincoln Crown Court

A drink-driver who killed his girlfriend's brother after losing control of his car has been jailed.

Lincoln Crown Court heard Forrest Burgin, 28, was about twice the legal limit when he crashed his Mercedes AMG on the A153 near Horncastle, last June.

Witnesses also described him driving "like a bat out of hell".

Burgin, of Eyre Chapel Rise, Newbold, Chesterfield, was jailed for six years after admitting causing death by dangerous driving.

The court heard John Benjamin Wilson - who was the brother of Burgin's girlfriend, Emma Wilson - was a front-seat passenger when the car crashed.

Mr Wilson - known as Ben - died as the result of a head injury.

The car's onboard computer estimated the Mercedes was still travelling at 71mph (114km/h) when it hit a roadside barrier, despite braking.

A motorcyclist who had been overtaken shortly before the crash estimated the Mercedes was travelling at speeds in excess of 100mph (160km/h).

Steven Bailey, prosecuting, told the court: "It's plain he must have been speeding heavily indeed."

At the scene, Burgin admitted he was the driver and "had drunk a few pints", the court was told.

Mr Bailey said Burgin had drunk eight pints of 4% lager before getting behind the wheel after spending seven hours on the day of the crash drinking at Harper's Bar in Horncastle.

An expert estimated there was at least 152 milligrams of alcohol per 100 millilitres of blood in his system at the time of the crash - compared to the legal limit of 80.

A victim impact statement from Ben's father, Gary, was read out in court.

He described how his son's life "had been taken far too soon," and he was due to take over his fifth generation farm.

Tom Gent, mitigating, said Burgin was consumed by what he had done and "haunted" by his decision to drive.

Mr Gent argued the alcohol readings estimated by the expert suggested Burgin had not drunk eight pints.

The court also heard Burgin would now be absent from the birth of his child with Ms Wilson, who has stood by him.

Passing sentence, Judge James House KC said the death of Ben had reverberated around his community, and it was impossible not to be moved by the victim impact statements read to the court.

Judge House told Burgin his previously good character had been taken away by "his phenomenally foolish decision to drive".

"You were driving far too fast for the prevailing road conditions," he said, adding it was fortunate that both he and Ms Wilson, who was a rear seat passenger, had walked away.

"Whether you drank eight pints, or one or two less, makes no difference," the judge added.

"You should never have got behind the wheel of a car - quite why Ben and Emma got in after drinking with you for seven hours will never be known."

Burgin was also disqualified from driving for eight years and must take an extended retest.

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