A driver reached out to get a cloth to wipe his windshield off, seconds before he ran into a woman crossing the road.
Allyson Pattison was crossing the zebra crossing on Hull Road, near Thwaite Street in Cottingham, when she was hit by a Dacia Duster car driven by Winston Hagston. She tragically died on the spot after the crash on January 12, 2021.
Hagston, 58, pleaded guilty to causing death by careless driving when he appeared in Hull Magistrates’ Court on Thursday. Wearing a white shirt and tie, Hagston filed a guilty plea while members of Mrs. Pattison’s family watched.
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But his plea was not accepted by the prosecution. His lawyer claimed that the windshield of Hagston’s car evaporated moments before the collision, but prosecutors asked if he started driving with the window steamed up.
The court heard that Hagston, from West Hull, reached down to get a cloth to wipe the windshield off and turned on his windshield wipers. It was at that moment that he could not see Mrs. Pattison on the crossing when it was too late, and he beat her.
He pleaded guilty on the grounds that a competent driver should have stopped to clear the windshield instead of driving on. Hagston was previously of good character and had a good driving record.
But James Byatt, prosecutor, suggested a Newton hearing might be necessary. He said prosecutors’ experts should be consulted to see if they agree with Hagston’s plea.
He said: “We do not believe this was a short-term lapse and we suggest that this is a case that should be judged by the Crown Court. The victim was at the zebra crossing for six seconds. The driver behind Mr Hagston even beeped at him for to Warn him. “
The court also heard that Hagston did not pass an eye test at the roadside, although he later barely passed another eye test at Boots.
District Judge Daley said, “Cases like this when a death occurs are never easy. Sometimes there is a technical issue that can be very important in determining how the sentencing is approached. There are still issues to be resolved around the circumstances. . “
Judge Daley agreed that the case should be sent to Hull Crown Court. It will be heard next on June 23, which may require a Newton hearing unless the circumstances can be agreed. Hagston has been granted a temporary disqualification from driving, which will take effect immediately.