THE inexperience of newly-qualified driver Simon Dyminski has been blamed for a car crash in which one of his friends died.
Dyminski, 18, pleaded guilty at Kennet Magistrates Court in Devizes on Monday to a charge of careless driving, arising from the crash near Westfields Farm, Ogbourne St George.
He was banned from driving for 12 months and fined £450 with £55 costs.
After serving the year-long ban, he will be unable to reapply for his full licence without undergoing a further test.
It happened on June 4 this year, ten days after Dyminski passed his test.
The court was told there were six young men squeezed into the VW Golf turbo diesel, one of them sitting in the boot, when Dyminski lost control and crashed off the road, killing one of his friends, 17-year-old Gavin Offley, of Swindon.
Lois Colley, prosecuting, read from a statement by another passenger, Shaun Corcoran. He said that four friends had set off to go for a drive in Dyminski's parents' car and call in on another of their friends.
But when they arrived, they discovered that another friend, Gavin Offley, had been dropped off by his parents at the house.
The six discussed for some time what they were going to do and finally Dyminski, of Green Road, Upper Stratton, Swindon, was persuaded to take all six of them on a drive on a beautiful summer's evening to find a pub and sit in the garden.
They drove off, stopping from time to time, before the car approached Ogbourne St George. The court heard the three boys in the back started laughing and Dyminski looked around to see what they were doing.
When he looked back he saw he had drifted across the central line. He swerved sharply to the left to bring himself back to the right side of the road.
But he over compensated, and when he tried to correct the car again, he went into a skid and lost control of the vehicle, which then swerved off the road.
The main impact was taken by the rear offside of the vehicle where Gavin was sitting. Other boys in the car sustained injuries including a punctured lung, broken limbs and severe lacerations.
A police accident report said there were no adverse weather conditions or vehicle defects that could have led to the crash.
The conclusion of the report was that the car had been oversteered.
Gavin's mother, Maryrose Higgins, said that since the collision the family had discussed the incident and agreed it was caused by the driver's carelessness.
She thought it was right he should pay the penalty.
She said: "Inexperience cannot justify the actions of the driver."
Sabeeha Khan, defending, said that most of the witness statements agreed Dyminski was driving safely.
She pointed out there was no suggestion of drink or drugs being involved, and speed was not an issue.
She said Dyminski was not happy about taking Gavin as a sixth passenger in the car but he bowed to pressure from his friends.
She said: "He accepts a level of carelessness was involved that made him lose concentration momentarily, which led to the accident.
"Simon is going to have to live with the consequences of the accident for the rest of his life."
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