Texting death crash driver jailed for three and a half years

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Thursday, December 13, 2012
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AllisonCoggan

A DRIVER who killed a grandmother while texting at the wheel has been jailed for three-and-a-half years.

Nikita Ainley, 20, killed Mary Rutherford in a head-on crash in Newfield Lane, Lelley.

  1. Jailed: Nikita Ainley

    Jailed: Nikita Ainley

  2. Mary Rutherford

    Crash victim: Mary Rutherford

Ms Rutherford, 68, was being driven home from Asda in Bilton after a shopping trip with friends.

Sentencing Ainley at York Crown Court today, judge Stephen Ashurst, recorder of York, said: "You, I'm afraid, made the fatal decision to continue a chat at the expense of taking care while you were driving."

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Ainley is also banned from holding a driving licence for five years and must take an extended test before she is allowed to drive again.

• 'Texting driver killed my mum': Interview with daughter of crash victim Mary Rutherford

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  • Profile image for dmw79

    by dmw79

    Sunday, December 23 2012, 12:59AM

    “Use your head ...
    What an ironic name for one of the thickest people I've ever witnessed on these pages. 1st ever news comment, usually hull rovers pages, and I thought them pages were full of imbeciles. Holy *****. The story of your son is so full of garbage it's ridiculous. So see through, pathetic. I cannot even be bothered to take apart your comment it's too full of stuff to break down. THICK AS MINCE.”

  • Profile image for ArthurHunt

    by ArthurHunt

    Friday, December 14 2012, 5:01PM

    “I agree making people take another driving test has nothing to do with this.

    Perhaps a mandatory 20 year driving ban and permanent (i.e for life) confiscation of passport would make people think again before texting (or yapping without hands free kit) while the car is moving........

    Put some real fear of retribution and discipline back into society, instead of mealy mouthed lectures and pathetic sentences. Everything become a joke - except to the victims.. oh but they don't count any more do they? The system has been infested with do-gooders in highly paid, cosy 'non-jobs'.....”

  • Profile image for Sezby

    by Sezby

    Friday, December 14 2012, 1:21PM

    “The driving test has nothing to do with this sort of thing, it merely shows that you have the ability to make the right maneuvers and control the car when you want to. It doesn't show how easily you can be distracted or how you may lose your temper etc.

    What we need is for every car to have a black box. It can be used to provide accurate (and fair) insurance premiums, help show who was at fault in an accident and excessively bad driving (e.g. drunk driver stuff) relays a report to the police.”

  • Profile image for use_your_head

    by use_your_head

    Friday, December 14 2012, 12:53PM

    “@david_nivea

    a question?? would you use a motorway on your driving test? or stop and get a sandwhich?”

  • Profile image for David_Nivea

    by David_Nivea

    Friday, December 14 2012, 12:30PM

    “Ms Ainley, a question.

    Would you have used your phone when taking your driving test?

    If not, why not?

    Thank you.”

  • Profile image for use_your_head

    by use_your_head

    Friday, December 14 2012, 11:32AM

    “Am i mising something here?


    When was a law passed in this country which makes using a mobile phone whilst walking an offence? i ask this because everone is commenting on the fact she arrived at court holding one. and you are saying this is wrong why? she knew there would be a high chance of custody and maybe had things she needed to say.


    And secondly whilst i agree texting is dangerous behind the wheel, i have always wondered how anyone with any sense can make it illegal to use a phone to make a call whilst driving, what is it that makes it dangerous? being distracted by talking to someone? - dont we all do that when we have passengers? or is it because we have one hand off the wheel? - which happens when you change gear and isnt an offece any way.

    the law contradicts its self because you are allowed hands free, which in essence means the only dangerous thing in the laws eyes is having 1 hand off the wheel .... how are we supposed to change gear.


    and before everyone gets on there high horse, i lost my 5 year old son 3 years ago due to accident involving a driver who was texting, yes they were punished 4 years in prison, was i happy no far from it i gave a letter to the judge asking them not to send the person to prison, why?? because that driver didnt set out to injure or kill my son it was an unfortunate accident and prison didnt change any thing! my son was still gone forever! the prison term couldnt bring him back, also whilst in prison not only do they not give anything back to society but we pay for them to be there but above all it was an accident and why as a family of the victim suffering as you do at the time would you wish to rip another family apart? will it change anything? no.


    my thoughts are with both of the families right now stay strong”

  • Profile image for kempton

    by kempton

    Friday, December 14 2012, 11:10AM

    “by j80lycFriday, December 14 2012, 10:20AM
    "these nasty coments will not help she did wrong, she gone t jail, she didnt perposely meaningfully drive at the car, i personaly dnt use my fone at the wheel but iam older n wiser maybe but this is a kid,"

    What a load of nonsense. She caused the accident because she was not paying attention and seeming to think that laws prohibiting whatbshevwas doing didn't apply to her. If she is dense childlike she shouldn't be driving.

    I wonder if you would be so understanding of someone who was responsible for the death of your mother in similar circumstances?”

  • Profile image for j80lyc

    by j80lyc

    Friday, December 14 2012, 10:20AM

    “these nasty coments will not help she did wrong, she gone t jail, she didnt perposely meaningfully drive at the car, i personaly dnt use my fone at the wheel but iam older n wiser maybe but this is a kid,”

  • Profile image for kempton

    by kempton

    Friday, December 14 2012, 10:04AM

    “by bazza_12Thursday, December 13 2012, 6:55PM
    "by David_NiveaThursday, December 13 2012, 12:05PM
    "Why would she even be considered to be allowed to drive again having killed someone when deliberately choosing to flout the law?

    Nonsense."

    maybe because after 3.5 years she'll have paid her debt to society whilst in jail, and will be free again so can enjoy the freedom that we all take for granted."

    And what makes you think that 3.5 years, which of course she won't serve anyway, repays the fact her selfishness and stupidity caused a wholly unnecessary death? She lied and refused to take responsibility. She even had her phone out on the way into court.
    Maybe we are enjoying freedom because we haven't killed anyone?”

  • Profile image for adolfo

    by adolfo

    Friday, December 14 2012, 8:52AM

    “Totally irresponsible,....today's culture to a tee! will not be able to see that she has done any wrong,in fact will blame everyone else!.....at last though... the dwyle flonkers have nearly got the sentence right!!”

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