More on KentOnline
Home Tunbridge Wells News Article
A DRINK-driver found guilty of causing the death of a cyclist on a dark country lane has been warned to expect a “substantial” prison sentence.
Clare Nehammer had been drinking while grieving over the recent death of her partner, Maidstone Crown Court heard.
The 35-year-old wept as Judge Charles MacDonald, spoke of remanding her in custody until sentence on November 11.
But he agreed to grant conditional bail after being told by her lawyer that it would be easier to prepare a psychiatric report.
The judge had given an indication before the trial started that he would pass a jail sentence of four years three months if Nehammer pleaded guilty to causing death by careless driving while unfit through alcohol.
But Nehammer, who had requested the indication, decided to continue with the trial.
The jury of seven men and five women reached a unanimous guilty verdict on Thursday.
The court heard that Nehammer, of Cornford Lane, Tunbridge Wells, was almost three times over the legal drink-drive limit when she crashed into Michael Wright.
The 65-year-old retired single man died soon after the accident with the BMW on July 6 last year in a hedgerow in Cryals Road, Matfield, where he lived.
Anthony Prosser, prosecuting, said when a nearby resident led Nehammer into her house, he could smell alcohol on her breath.
She became hysterical and broke down on hearing that Mr Wright had died.
The landlord of the Hopbine pub, where the victim had been drinking that evening, was the first to identify him. He knew Mr Wright as Radio Mike because of his interest as a radio ham.
Nehammer was found to have 94 milligrammes of alcohol in 100 millilitres of breath. The legal limit is 35. She was, therefore, 2.7 times over the limit.
Mr Wright had drunk about three-and-a-half pints of beer that but was not over the limit.
Ian Foinette, defending, said Nehammer was fragile and had already seen a psychiatrist, but requested a further report.
“She has ended up in this position as a result of a number of very unfortunate circumstances which have affected her as well,” said Mr Foinette.
“There is no question of her being anything other than devastated about what happened. It is something that will be with her for the rest of her life.”
Judge MacDonald said there had to be a substantial prison sentence. He ordered that Nehammer surrender her passport and not apply for any travel documents.
He had said when giving an indication of sentence that it fell into the highest culpability category because of the driver’s alcohol level.
“The dominant feature of this case is that the defendant was 2.7 times over the limit,” he added.