A shortsighted taxi driver has been found guilty of dangerous driving over a crash which left a pedestrian dead.
Abul Hussain, 55, was not wearing his glasses when his taxi hit father-to-be Jack Brandon as he walked home along an unlit road between in July last year.
Brighton and Hove Magistrates Court was told a traffic investigation concluded even if he had been wearing his glasses, he would not have seen Mr Brandon in time to avoid crashing into him on New Road, Ditchling.
But magistrates said that his poor vision – being able to read a numberplate at no more than 4.9m compared to the 20m required by the DVLA – meant driving without them was inherently dangerous.
They also said they did not believe him when he said he thought he had hit a deer or a sheep, and so was guilty of failing to stop after an accident and of failing to report it.
Chair of the bench Joanna Brown said: “There is a presumption of adequate vision required to drive a vehicle.
“This is what would be expected of a competent and careful driver.
“You have impaired vision and require glasses to drive – that’s not in dispute. On the night in question you were driving without your glasses.
“We find that this would present an obvious risk to other road users and falls far below the standard required of a competent and careful driver.
“We are satisfied you are guilty of dangerous driving.”
As she gave the verdict, whispers of “yes” could be heard from the public gallery, which was packed with Mr Brandon’s friends and family.
The court previously heard from Hussain’s defence Richard Saynor, who tried to get the case dismissed after the prosecution’s case was over.
He argued that the prosecution had failed to show that any aspect of his actual driving was dangerous, citing case law which says the fact a fatal collision has happened is not in itself enough to prove the offence.
He also said the prosecution had failed to prove that Hussain knew for certain he had hit a pedestrian rather than an animal – and said without that knowledge, there is no legal duty to stop after or report a collision causing personal injury.
However, the bench dismissed his application and the case proceeded.
In cross-examination, Hussain said he had got into the habit of not wearing his glasses during covid, when wearing a mask meant his lenses would steam up.
He also said he had not been aware of news reports a man had died in a crash at the location he thought he had hit an animal in the three days before police found his damaged Peugeot on the driveway of his then-home in Stapley Road, Hove.
Hussain, who has been given an interim driving ban, will be sentenced at the same court on December 13.
