Accident in which car became airborne after hitting roundabout 'to be expected' - Judge

Joshua Herbert had been drinking before driving his car at speed into a roundabout, launching it into the air and then flipping it upside down. Photo / 123RF

Joshua Herbert had already had two near misses before a crash that broke his neck.

Late one night in June this year the 30-year-old, already penalised for drink driving, had a few drinks then got into his newly purchased Mitsubishi Mirage.

It did not have the interlock device fitted that his previous car did, but he drove off from his home in Tapawera - a quiet rural enclave in the Tasman District.

The night ended with him breaking his neck after he drove into a roundabout at speed, sending the car into the air and flipping it upside down. Charges followed of driving dangerously, and driving over the limit while on an interlock order.

The accident was to be expected. It was just lucky that no innocent members of the public were also hurt, Judge Tony Zohrab told Herbert when he appeared in the Nelson District Court today to admit the charges.

As Herbert sped north from Tapawera he narrowly avoided a collision with a truck when he lost control while cornering and ended up sideways around a bend in the road at Wakefield.

The near miss didn't slow him, police prosecution told the court. He carried on at speed towards Richmond, and lost control of the car again while trying to drive through a roundabout, which forced another vehicle to swerve to avoid a collision.

Herbert regained control of his car, then reversed backwards around the roundabout before speeding off and pulling out on the wrong side of the state highway which runs through Richmond, to overtake another vehicle.

He was only stopped when he hit another roundabout while driving at speed, which launched his car into the air, and flipped it onto its roof.

Herbert was seen crawling out of the vehicle. He was later found to have been driving with 127 milligrams of alcohol per 100 millilitres of blood. The legal limit for drivers over 20 is 50 mg per 100 ml.

He told police he had just bought the vehicle and had been trying to get the interlock device "fixed".

His lawyer, Lucy Patchett, told the court today Herbert had broken his neck as a result of the accident. He had changed vehicles only weeks earlier, and was "in the process of getting a new interlock device fitted".

He knew he should not have been driving, but his behaviour had been triggered by an argument, Patchett said.

Judge Zohrab said in convicting Herbert it was a serious matter and that his high alcohol level was concerning.

Herbert was remanded for sentencing on November 9.