Careless driver banned after death of biker in 'catastrophic' crash

Ken BanksNorth east Scotland reporter, High Court in Aberdeen
News imageBBC Dawn McIntosh leaving court, she is wearing a dark jacket and a grey scarf.BBC
Dawn McIntosh was ordered to carry out unpaid work

A driver who killed a biker in a "catastrophic" overtaking manoeuvre has been banned from the road for three years.

Dawn McIntosh crashed into Andrew Wright, 34, as she attempted to pass a camper van on the A96 Alves to Forres road in Moray in 2023.

McIntosh, 54, of Forres, was initially charged with death by dangerous driving, but was instead found guilty by a jury of death by careless driving.

At the High Court in Aberdeen, Judge Summers ordered her to carry out 200 hours of unpaid work and disqualified her for three years.

First offender McIntosh's defence counsel said she did not intend to drive again.

The court heard that Wright, from Elgin, was a loving husband and father.

The fatal collision happened on 30 July 2023. It involved McIntosh's white Hyundai i10 and a black Yamaha Tracer 9.

The victim was left so badly injured that he died at the scene.

McIntosh was previously found guilty after a four-day trial, and sentence had been deferred for background reports.

Defending, Michael Chapman said McIntosh had always accepted she was solely responsible for the collision which cost the motorcyclist his life.

He said she had previously offered to plead guilty to causing death by careless driving but the offer was rejected, and the death by dangerous driving case went to trial.

Chapman said she felt "deep remorse" for what had happened.

"She has no intention of ever driving a motor vehicle again," he said, adding she believed no punishment could ever atone for her actions.

However he said a custodial sentence would serve no useful purpose.

News imageGoogle A stretch of the A96 trunk road at Alves Wood in Moray.Google
The collision happened on the A96 in 2023

Judge Summers said he wished to express the court's deep condolences for the "unimaginable heartache" that had been caused.

He said relatives had shown "extraordinary courage and dignity" during the trial when hearing of the last few moments of the biker's life.

He said "heart-rendering" victim impact statements made it clear he was a "kind, gentle and loving" man, which made the manner of his death even more tragic.

He said no sentence would ever make up for the devastating loss, but it was hoped if would offer some form of closure.

'Momentary lapse'

The judge said McIntosh had pulled out from behind a camper van into the path of the motorcyclist, leading to a "catastrophic" collision for which he was blameless, and had no opportunity to take evasive action.

He said there was not a course of careless driving but a "momentary lapse", and it was clear she was genuinely remorseful.

He was satisfied a disqualification and community payback order, as an alternative to custody, could be imposed.

McIntosh will also be under supervision for a year.