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A MOTORIST who fractured his pelvis in a high speed car smash was told he was a lucky man not to be going to jail.
Father-of-two Graham Perkins was at the wheel of his TVR when he collided with a Citroen on the A249. The speed on impact was estimated at a minimum of 86mph and, Maidstone Crown Court heard, could have been as high as 113mph.
The force sent one car rolling over several times while a third car, a Ford, was also hit and spun a number of times before colliding into the crash barrier.
It had been alleged that at the time of the accident in August 2004 Perkins, 32, and another TVR enthusiast, Stacy Carpenter, were racing each other in their cars and both went on trial accused of dangerous driving.
However, the racing aspect was dismissed by the jury when they found Perkins, of Amethyst Drive, The Meads, guilty but acquitted Mr Carpenter, 35, of Sanderling Way, Sittingbourne.
Comparing driving a vehicle at speed to "a lethal weapon", Recorder Heather Baucher said Perkins deserved to be sent to prison.
But she said she was able to suspend his sentence after hearing how he had since suffered a mental breakdown, lost his business, sold his family home and declared himself bankrupt.
Recorder Baucher added that letters from his family, including his partner Jane, had also proved "very helpful".
"The public are concerned about dangerous driving," she said. "A vehicle is analogous to a lethal weapon. I am satisfied that the custody threshold has been passed.
"However, you are hard-working and ran your own business, a family man with a partner prepared to stand by you despite your act of foolishness."
Referring to what had happened since the accident Recorder Baucher continued: "Your business collapsed, you have lost financially and your family life is clinging by a thread, as is your health. I am satisfied therefore that there are exceptional circumstances in this case and that I am able to suspend your custodial sentence."
Passing a jail term of six months suspended for 18 months, Recorder Baucher added: "What it means is I am giving you a second chance. You are a very lucky man to be walking out of the court."
He was also ordered to pay court costs of £1,578 and banned from driving for two years.
During his trial last month the court heard Perkins and Mr Carpenter were driving towards Sheppey, with Mr Carpenter following Perkins.
It was alleged that Mr Carpenter tried to use the central reservation to pass Perkins, and that both TVRs were weaving.
The accident occured at the Bobbing junction as another motorist, Sonia Phillips, tried to overtake a fourth vehicle, the Ford, as it pulled off the slip road and onto the carriageway.
Prosecutor Allister Walker said: "Miss Phillips, in her Citroen, entered the carriageway and sought to pull ahead of the Ford. As she did so she collided with Perkins, who was behind her, and the vehicle rolled over several times.
During their trial both defendants said they were TVR enthusiasts and belonged to a club. Mr Carpenter, who had passed an advanced driving course, denied he and his friend had either been racing or weaving from lane to lane.
At the time of the accident Mr Carpenter told police he had not been speeding and that the Citroen had pulled out from the slip road without looking.
Perkins also claimed the Citroen driver pulled out without warning and that as he braked he lost control. He told the court he had been driving since he was 17 and refuted that he was either racing or overtook on the grass verge.
Edite Ligere, defending, said that a few days after his conviction Perkins suffered a breakdown and was found curled up under a bridge having gone missing from home. He was admitted to hospital and has now been prescribed anti-depressants, sleeping pills and diazepam.
Miss Ligere said: "In short, this accident has more or less ruined his life. Sending him to prison would not reform him in any way or serve to do justice. He has already suffered considerably.
"His life has been turned upside down. He has gone from a successful businessman to someone who has had to sell his house, lost his business, declared himself bankrupt and now has mental health issues. The effect on him cannot be over-emphasised.
"This was a tragic accident and that is all it was. He has paid a very high price for it."