18-month driving ban for Bristol woman who has just one year to live
A terminally-ill woman with a rare form of lung cancer has been disqualified from driving for 18 months, even though she has just 12 months to live.
Hilary Brown, from Ponsford Road, Knowle, was caught drink-driving by police the day after the first session of chemotherapy to contain her cancer.
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Hilary Brown
She told the Post yesterday that she accepts she made a "stupid mistake", but is angry at the way she was treated by police, who she says kept her in a cold cell for 12 hours, despite knowing she had a terminal disease.
Mrs Brown added that being without a car when she has trouble walking, and hospital appointments to attend, will make the rest of her life a struggle and a misery.
The 58-year-old was twice the legal limit when she collided with a parked car while on the way to buy cat food from Tesco on Wells Road, on March 15 this year.
The night before the crash, friends had come over for pizza and wine to try to cheer Mrs Brown up after her first gruelling session of chemo.
The following day she was "feeling a bit grotty" and hadn't planned on going anywhere, so she slowly finished off a bottle of wine from the night before.
She fell asleep in the afternoon and "didn't even think" about the alcohol when she grabbed her car keys and drove to the supermarket.
Bristol Magistrates Court was told that a witness heard a loud bang outside her house in Oxford Street, Totterdown, at about 7pm on the night of the crash.
She saw Mrs Brown's Vauxhall Corsa at an angle in the middle of the road, after collided with a parked car, causing damage to the wheel arch.
Police did a roadside breath test and took Mrs Brown to the police station, where she was arrested.
It was there that Mrs Brown was left disgusted with the way she was treated. She said: "I was locked in a cold cell for 12 hours with a thin blanket, no pillow and a toilet in the corner of the room. They knew I had terminal cancer and asked once if I needed my medication. I thought that I'd be out within five to six hours so didn't think I'd need it.
"In the end it wasn't until 9.30am the following day that I was released. The only time I saw anyone was when a nurse came to give painkillers."
Mrs Brown, who pleaded guilty to drink-driving, was diagnosed with small cell cancer on her lungs, chest wall and adrenal gland on February 23 this year.
She said: "I was devastated by the news, but kind of expected it. I'd had pneumonia and a number of tests, but on February 23 it came back positive for cancer. My father died from lung cancer and my grandmother, but I didn't realise my risk."
Mrs Brown, who worked in finance for a sports company before her diagnosis, has been driving since the age of 21, and has no other convictions and a clean driving licence.
The divorced mother-of-three said: "I made a silly mistake, but I'm going to need to rely on my car a lot over the next few months. I'm not good at walking up hills because I get breathless.
"I've been told that my cancer will return within 12 months and that it's untreatable and an aggressive form of cancer. I've accepted it and I've started to sort things out. I'm not working at the moment, so I'm planning some lovely holidays over the next few months."
The court disqualified Mrs Brown from driving for 18 months, but gave her the option of training, which could reduce this by a quarter.
But Mrs Brown told the magistrate: "I could have just 12 months to live so I don't know if this will be an option."
She later said: "I was a bit nervous about going to court, and when they offered me the rehabilitation course I said I would take it. But then I realised it probably wouldn't apply to me if I have only 12 months to live."
She was also fined £320 and ordered to pay costs of £60 and an additional fee of £15.
A spokeswoman for Avon and Somerset police said: "While we naturally have every sympathy for Mrs Brown's condition, she was ultimately putting her own and other people's lives at risk that evening by drink driving and it was fortunate that the car she collided with was parked and empty at the time."
The spokeswoman added that no prisoners are allowed pillows in the cells due to the dangers of suffocation and if she had requested additional blankets, they would have been provided.
She said that custody officers were aware of her medical condition and a doctor confirmed that she was fit to be detained. She was checked by custody officers every half an hour or less, the spokeswoman added.
A Crown Prosecution Service spokesperson added: "Mrs Brown's sentence is within the guideline band for a reading of between 60ml and 89ml of alcohol per 100ml of breath."
57 Comments
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by Silky, Bristol
Sunday, April 12 2009, 5:29PM
“My word, you lot are quite heartless aren't you? I'm sympathetic as to how she ended up in that situation.
She herself admitted she made a stupid mistake (which it was). I do understand why she was drunk, yep so she was drunk in the morning, I will probably be drunk too after my chemo session. It wasn't as if she got up and said "Oh, i'll get off cause I've cancer". I do understand how the whole situation came about.
And it was very lucky there was no one around, it could have been more tragic. Hopefully something can be done.”
by Owen, North Bristol
Sunday, April 12 2009, 4:35PM
“Silly woman for doing what she did, even sillier for talking to the press about it.
Her condition is *utterly irrelevant* to her crime, what is being implied here? Should she have got off or got a reduced sentence because of her reduced life expectancy?
What next - a sliding scale of punishment based on the crims age?”
by Martin, Clifton.
Saturday, April 11 2009, 7:51PM
“If you can't do the time, then don't do the crime.
This is one of the most selfish things I have read for ages, and she has not sympathy from me.
My right to use the roads safely is far more important than idiots like her who put other people lives in danger by drink driving. Then she has the temerity to complain because she is ill, well tough.”
by Sam Knox, Kings Lynn
Saturday, April 11 2009, 7:11PM
“While I sympathise with her condition, I have absolutely no sympathy with her predicament.
She knows the law of this country, and also the penalty for breaking them. Does she think that illness is some sort of get-out-of-jail-free card?
She say's that her remaining life will be difficult without a car...Well plenty of other non-drivers seem to manage on a day to day bases using public transport, taxis, lifts from friends etc, so why can't she?
If she's that worried, she should have thought about it before she decided to drink-drive.
Just because she's going to die, doesn't mean she has the right to take a dozen innocent people stood at the bus stop to the afterlife with her,”
by Paul, bristol
Saturday, April 11 2009, 4:59PM
“If she was so upset my her treatment, why didnt she complain and run to the papers on March the 16t this year - it has taken her nearly a month to complain about the treatment at the police station. I feel sorry that the fact she has an ilness - but tough - you drink drive (remember she was still TWICE the legal limit the AFTERNOON after drinking the night before - she must have been very drunk that night. Illness is no excuse....
Im sure any parent that has had their child killed by a drunk driver would do anything for just 18months more.....”
by alex, Mangotsfield
Saturday, April 11 2009, 1:22PM
“I have no sympathy for this irresponsible woman & her reluctance to abide by the rules ,had she observed the rules she would not require sympathy nor would she be wallowing in her self inflicted self pity time to dry ones eyes & get on with it some grown up respons[ibility is now required”
by David, Bristle
Saturday, April 11 2009, 10:46AM
“while I have sympathy for her condition she was well over the limit, if she hit a parked car then what chance would she have had if a child or person had walked out in front of her.
easy answer to this ....
DONT DRINK AND DRIVE.”
by Dave, Bristle
Saturday, April 11 2009, 10:20AM
“I have every sympathy for her with her condition but she was'nt pulled over on suspicion of drink driving and found to be over the limit..... she CRASHED, which means she was well over the limit.
to stephen, how would you feel if it was your car she hit, or worse, your child/wife/mother/father/brother ect ect, if she can hit a parked car then she can hit a pedestrian stepping in the road.
DONT DRINK AND DRIVE.”
by John, Gloucestershire
Saturday, April 11 2009, 10:01AM
“Jane Tomlinson CBE of Wakefield - Raised £1.5 million for charity despite being diagnosed with termnal cancer.
Hilary Brown of Knowle - Endangered the lives of road users and pedestrians by drink driving when diagnosed with terminal cancer.
Spot the difference”
by Michelle, Bristol
Saturday, April 11 2009, 9:05AM
“I feel very sorry for this woman to have to suffer the agony of dealing with Cancer, but I have no sympathy when it comes to her ban. Her countless appointments at the hospital can be catered for by hospital transport and because she is terminal, a member of her family will be entitled to get a Motability car to get her to and from appointments or even for days out. Had this been a small child she had hit and killed (like my brothers best friend was in 1990) would the "empathisers" feel sorry for her then, seeing as she would have probably been jailed!!
My best friend was diagnosed with Cervical cancer 2 years ago and was told she would never be able to have a child (no she wasn't terminal but said she felt like it was the end as she couldn't become a mother) but she never broke the law and didn't feel that just because of her cancer she was above the law.
Oh and to Stephen, I am not tee total (although I drink very little and only at a special occasion) and I have NEVER had a drink, even one, and drove!! I do have sympathy for Mrs Brown with regards to her cancer but not for her flouting of the law.
Lisa, My life is far from white, I have been caught speeding (35 in a 30), and paid my fine and did the speed safe course with out moaning. And the reason I was speeding, oh just a little matter of my son being gravely ill and admitted to hospital with suspected meningitis, was no excuse!! I could have killed someone else's child!!”