Mulbarton Driver found guilty of driving without due care
Archant Â© 2010
A teenager who needed five leg operations after he was hit by a car crossing a main road said the driver’s punishment did not go far enough.
Norwich magistrates found 32-year-old Paul Fulcher guilty of driving without due care and attention after he failed to spot Nathan Morley riding his moped as he turned right on to his road.
Following a trial at Norwich Magistrates’ Court, 32-year-old Fulcher was given five penalty points and ordered to pay £615 in fines and costs.
But the 17-year-old said that although it was “great news” that Fulcher, of Wheatfield Road, Mulbarton, was found guilty, magistrates should have gone further and confiscated his licence.
The court heard how Mr Morley had driven his moped from Newton Flotman down Cuckoofield Lane to buy ice cream for his girlfriend when he was hit by Fulcher making a right-hand turn on to Bromedale Avenue, Mulbarton.
“The first thing I knew of it was the impact on my right- hand side,” Mr Morley told the court.
As a result of the crash Mr Morley was left with a severely broken leg and cracked ankle.
But Fulcher claimed Mr Morley could not have been driving down Cuckoofield Lane as he had checked for oncoming traffic and had seen nothing.
As part of the case for the defence, expert witness Michael Handy said he believed Mr Morley had pulled out of a side road from looking at photographs of damage to the car.
Giving evidence, Fulcher said: “To be honest, the first I was aware of anything was the exhaust coming up on the right-hand side of the car. I saw nothing coming in the opposite direction on Cuckoofield Lane. I am positive nothing was coming.”
After the case Mr Morley, who now lives in Swardeston, near Norwich, said: “I think he should have lost his licence. I don’t think he took the whole thing seriously enough.
“It has completely changed me as a person. I am just happy that it has all been done. I can now get my insurance money and I won’t have to get the bus anymore.
“I have had to come to court three times and I have to go to hospital twice a week.”
Mr Morley said he was “a lot more aware now” when out on the roads.
Chairman of the bench John Warne said Fulcher had breached the highway code by not exercising sufficient caution when executing his manoeuvre across the road.
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