David John Furnival, 40 was due to stand trial for causing death by dangerous driving. Margaret Robinson, 67, had been on her way to work in Tideswell when her BMW pulled out into the path of a 32-tonne, fully-laden tipper lorry, at the Brierlow Bar junction of the A515 and the B5053 in February. She died at the scene.
Furnival admitted tampering with his speed limiter which he acquired from the internet. The operator of the vehicle, haulier James Bradley, received an absolute discharge when he appeared before High Peak magistrates alongside the driver. Prosecuting, Rosemary Lake said that when the police examined the lorry in detail they found that the speed limiter had been tampered with and a switch fitted enabling it to be turned off.
The lorry had been travelling over the 40mph limit which vehicles of that size were restricted to on the single carriageway road. But the case against him collapsed, after evidence suggested the collision would have been inevitable even if Furnival had been driving lawfully.
Judge John Burgess said "Mrs Robinson pulled out from a minor road into your path. It seems likely that her vision was impaired by the glare of the sun that was low on the horizon. It is apparent that, prior to the collision, you were driving at 60mph, and your vehicle was travelling at 50mph at the point of collision."
A guilty plea to the lesser charge of dangerous driving was accepted by the prosecution.
Judge Burgess passed a sentence of 26 weeks in prison, suspended for two years. He also ordered Furnival to complete 200 hours of unpaid work, banned him from driving for 18 months, and ordered that he take an extended retest.
The Traffic Commissioner revoked Furnival's HGV driving licence for 12 months and he has been unable to gain employment since.
Bradley's Operators licence has been revoked, as a result he has 'lost everything'. Bradley was ordered to pay £100 costs.
