A driver responsible for causing a head-on crash on a Stirlingshire road, in which two other motorists were injured, escaped a jail term this week.
Mariusz Szczerbetka had been found guilty following a sheriff and jury trial of dangerous driving near the Blackgrange roundabout between Stirling and Tullibody on February 15, 2020.
The 39-year-old, of Inverallan Drive, Bridge of Allan, had repeatedly overtaken other vehicles when unsafe to do so in poor weather conditions – and in the presence of oncoming traffic – causing other drivers to take evasive action to avoid colliding with his car.
While avoiding Szczerbetka’s car a motorist lost control of her vehicle and hit another car head-on. The woman and the male driver of that car were both injured as a result.
When Szczerbetka appeared for sentence at Stirling Sheriff Court on Wednesday, Sheriff Derek Hamilton told him that dashcam footage shown during the trial of a manoeuvre carried out by the accused had produced “audible gasps” from those who saw it “particularly members of the jury”. Szczerbetka’s driving had clearly been dangerous and stupid, the sheriff added, and had put a number of people in danger.
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Dashcam footage also captured Szczerbetka doing the same thing further down the road – overtaking a number of cars and crossing on to the other side of the road.
Sheriff Hamilton said: “You weren’t aware of the carnage that developed behind you – but it was your dangerous driving that caused the other driver to lose control – crossing the road and hitting another car head on.”
Szczerbetka’s agent told Sheriff Hamilton that her client, a father of one in full-time employment, was very remorseful about the incident and the injuries sustained by the other drivers.
She also pointed out that he was of low risk of reoffending.
Szczerbetka was “well aware” of the custodial sentences Sheriff Hamilton could impose, but asked him to consider the alternative non-custodial sentence detailed in the social work report.
Sheriff Hamilton told Szczerbetka: “The maximum sentence for dangerous driving is two years – and the maximum sentence for causing serious injury by dangerous driving is five years. And the difference in sentencing reflects the serious consequences that can arise due to dangerous driving.”
He added that the sentence imposed had to have a deterrent effect to show that such driving was unacceptable.
Sheriff Hamilton told Szczerbetka he was taking into account that he was a first offender with a young child, and in full-time employment, and imposed an “onerous” community-based disposal as a direct alternative to custody.
Szczerbetka was sentenced to a community payback order comprising 300 hours’ unpaid work to be completed within 12 months as well as a ten-month curfew (tag) confining him to his home between 7pm and
7am.
He was also banned from driving for three years and ordered to resit his test.
