GRIEVING father George Stephens wants a change in the law to see justice for his son David, who was killed in a car accident a year ago.
He is furious that the lorry driver who was charged following the crash escaped with only a fine after a dangerous driving charge was reduced to careless driving.
Mr Stephens, 78, of Gaston Lane, Sherston, believes the gap between dangerous and careless driving charges is too wide and another category should be introduced.
He has the backing of North Wiltshire MP James Gray who has written to the Home Office on his behalf. Mr Stephens said: "I know nothing I do can bring my son back but I think there should be a change in the law and this would mean justice for other families who might find themselves in a similar situation."
David Stephens, 45, grew up in Sherston and went to the village primary school and then Malmesbury comprehensive. He left a widow and two young children.
After leaving school he had worked for Westinghouse but had moved from Wiltshire to Gloucester a number of years ago.
He died when his slow moving Honda car was hit from behind by an Iveco lorry and pushed under a Foden lorry carrying pavement slabs on the M40 between junction two and 1A at 6.30am last November. It was a journey Mr Stephens made regularly from his home in Gloucester to Welwyn Garden City where he worked for a copying company.
The driver of the Iveco lorry was arrested at the scene and charged with suspicion of dangerous driving.
This charge was later reduced to careless driving and magistrates sitting in High Wycombe found him guilty earlier this month.
The driver was fined £600 and ordered to pay £350 costs and given nine penalty points on his licence, said Mr Stephens.
The truck driver, from Glasgow, was given a six month ban, said Mr Stephens, only because he was pushed over the 12 point limit because of a further three points received for speeding after the fatal accident last November.
Mr Stephens said: "No, I do not think the sentence passed to the driver was justice," he said. "David's death is something we think about every minute of every day.
"I thought dangerous driving was the correct charge. Only when they told me he was going to be charged with a lesser offence did I get distressed about it.
"He should have been banned for at least 18 months. You could tell the sort of man he was because he was fined for speeding after the death of my son."
Mr Stephens said he did not think a prison sentence would help and wanted a sentence that took account of the result of an accident.
He has contacted the pressure group RoadPeace which is also calling for a change in the law.
The Crown Prosecution Service, in a written response to a letter from Mr Stephens questioning the decision to lower the severity of the charge, said there was not enough evidence to convict the driver of dangerous driving.
An inquest held at Amersham, Buckinghamshire, in July returned a verdict of accidental death.
The conclusions of the Buckinghamshire coroner Richard Hulett, published after the inquest, revealed the driver had travelled 385 miles from Glasgow, leaving the evening before and having one rest break at around 3am.
The coroner said the Iveco driver was probably fatigued and failed to react to the immediacy of the situation.
The brakes on the lorry were found to be below minimum standards.
Mr Stephens has written to James Gray and the MP has said he will do what he can to get traffic laws updated and justice for all road victims.
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