Tim’s Law: Dad would be alive for Christmas if intoxicated driver had been remanded in custody says ‘devastated’ family

The “devastated” family of a father killed in a head-on crash caused by an intoxicated motorist, who had been released on bail for dangerous driving just 10 days before, have launched a petition demanding a law change.

Joshua Eldred, 31, was driving under the influence of alcohol and cocaine at more than 65mph, on the wrong side of the road, when he ploughed into a Suzuki Celerio carrying Tim Burgess, 48, from Frodsham, Cheshire, and his girlfriend Wendy Wall, 48, on July 18 2024.

Tim, father of 15-year-old Lillianna, who worked at a fish and chip shop in Runcorn, died in Wendy’s lap minutes later, before she was taken to hospital with serious injuries.

Eldred was sentenced to 12 years in prison at Chester Crown Court on October 25 after pleading guilty to causing death and serious injury by dangerous driving.

It was disclosed that he had a previous dangerous driving conviction and had been arrested just 10 days earlier for crashing into a stationary car while under the influence of drugs and alcohol.

But Eldred was released on bail and still had a valid driving licence when he got back behind the wheel and caused the fatal crash.

Linzi Stewart, Tim’s 49-year-old sister, has launched a petition calling on the Government to amend the law so those charged with dangerous driving would have their licences immediately revoked, pending trial and sentencing.

The petition, Tim’s Law, also calls for repeat dangerous driving offenders to be remanded in custody or closely monitored if released, and has so far received more than 68,000 signatures.

“If he had been remanded in custody, Tim would possibly still be alive,” Linzi told PA Real Life.

“Christmas is coming up, and he was always the first one to say Merry Christmas in the morning.

“You have to get on with it for the kids, but it’s just going to be a day filled with pain really.

“Every time you remember your brother’s not going to be there for the first time, it’s going to be awful.

“Dangerous and reckless drivers need to be remanded to make the roads safer for all of us and to prevent utterly tragic deaths like my beautiful brother’s.

“It’s just devastating.”

The couple were driving along the A533 Runcorn Road, Little Leigh, on their way to buy a new car, at about 9.15am.

They were coming around a bend when Eldred, intoxicated by alcohol and cocaine, and driving on the wrong side of the 50mph single carriageway, ploughed straight into them at more than 65mph.

“He’s gone to overtake this white van and put his foot down,” said Linzi.

“He was doing between 65 and 70mph and just crashed head-on, straight into them.”

Tim died in the crash while Wendy, who was driving the Suzuki Celerio, sustained serious injuries.

“When she came round, Tim was lying across her lap, completely unresponsive,” said Linzi.

“After about 30 or 40 seconds he gasped and then he was gone.”

Eldred had been seen driving his blue Ford Focus erratically before the accident, stalling at traffic lights and crossing on to the wrong side of the road, witnesses later said.

He was taken to hospital after the accident where a blood test confirmed he had 81 milligrams of alcohol in 100 millilitres of blood, exceeding the limit of 80.

He also tested positive for benzoylecgonine (BZE), a cocaine breakdown product, with a reading of 800 micrograms per litre, exceeding the 50 micrograms per litre limit, and cocaine, with a reading of 32 micrograms per litre, well above the 10 micrograms per litre limit .

Eldred pleaded guilty to causing death and serious injury by dangerous driving at Chester Crown Court on October 25. He was sentenced to 12 years behind bars and banned from driving for 10 years, after which he will be required to complete an extended driving test.

But Linzi was shocked to learn that Eldred had a history of dangerous driving.

He had been arrested just 10 days before (July 8) the fatal accident, after crashing into a parked car on Mount Pleasant Road, Davenham, and fleeing the scene.

Eldred had been released on bail until July 25, with a valid driving licence while police waited for the results of his blood test, which confirmed he had been drinking and taking cocaine.

“Wendy’s got to live with Tim dying in her lap for the rest of her life, and she suffered serious injuries which she’s still recovering from,” said Linzi.

“It’s just all gone, just like that, and he’s left his 15-year-old daughter, Lillianna.

“My family have been totally destroyed by it.”

Eldred had also been convicted of driving under the influence of cocaine in August 2021, and been disqualified for 12 months.

Determined to prevent this from happening again, Linzi has launched a petition on Chang.org demanding the UK Government review laws about remanding dangerous and repeat driving offenders.

The petition calls on law-makers to make four changes for dangerous drivers who are caught under the influence of drink or drugs, driving recklessly at high speed or texting on their mobile mobile phone.

The first two are that dangerous drivers should have their licences revoked immediately and be strictly monitored through mandatory registration of their vehicles with the DVLA.

It also says repeat offenders should be remanded into custody until they appear in court and the current legal framework must be revised to ensure they are held accountable before they cause “irreparable harm”.

Linzi’s petition has so far garnered more than 68,000 signatures and Linzi has contacted her MP, Dame Angela Eagle, about making a case to Parliament.

“Even though he’s destroyed our lives, I don’t feel anger or hatred towards him,” said Linzi.

“Us as a family sympathise with Mr Eldred’s family and I truly believe he is remorseful about what happened.

“What I do feel is that something needs to change regarding the law.

“People speeding, on their phones, drink driving – that’s what needs to change.”

Eldred was handed a further eight weeks in prison for crashing into the stationary car, after blood tests confirmed he was over the legal limit for both drink and drugs.

Linzi said her brother had been speaking to Wendy’s daughter over video call when the accident happened.

“We don’t even think he saw the car ahead of him, because he was looking down and saying goodbye,” said Linzi.

“She was still on the phone when they found it in a hedge.”

The Christmas period is going to be particularly difficult for Linzi and her family.

“I feel like half of me is gone,” said Linzi.

“We’ve never really known grief like this before. The shock is horrific and I still cry most days.

“I’ve got his pictures everywhere and I still talk to him.”

Tim’s family have decorated a corner of his parents’ barn with a plaque that reads “Tim’s Corner. We are missing you”, and his pool cue, as he was a big fan of the sport and an avid player.

Inspector Steve Griffiths, of the Cheshire Police Serious and Complex Collision Investigation Unit, said: “This collision occurred due to the extremely poor and dangerous driving of Joshua Eldred over a prolonged period of time. His driving can only be described as atrocious and pointless.

“Eldred’s actions have devastated the lives of all those involved, and the tragic death of Timothy Burgess shows the catastrophic consequences that will happen when these rules are ignored.”

To support Linzi’s petition visit: www.change.org/p/tim-s-law-remand-dangerous-drivers