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Drunk hit and run driver walks free from court despite blinding artistic girl, 10, in crash
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12 March 2008
The ten-year-old was aiming for a place on a scheme for gifted children at a grammar school. But those dreams were shattered when a drunk driver knocked her down and left her for dead.
Danielle suffered serious head injuries which left her partially-sighted.
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Shattered dreams: Ten-year-old Danielle Rushton with her mother Christine
Instead of topping the class in art, it is now one of her weakest subjects.
Yet Stuart Robbins, 39, walked free from court yesterday despite being convicted of driving while two-and-a-half times the legal alcohol limit on June 23 last year.
A district judge in Wirral heard that Robbins, of Birkenhead, had been in a pub that afternoon before going to a casino and another pub.
Helen Chambers, prosecuting, said he was driving his blue Vauxhall Astra when he hit Danielle as she rode her bike.
He drove away leaving the child lying with a serious head injury and a broken leg.
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Drink-driver: Stuart Robbins crashed into 10-year-old Danielle Rushton. Her injuries have left her blind in one eye
She said: "Initially he drove off without leaving any details. He returned later and left his address with a neighbour who was at the scene."
Robbins claimed he was over the legal limit only because he had drunk vodka and lager to steady his nerves after the accident.
But when Police Constable Tim Cottrell visited the defendant's house and asked him to point out the cans he had drunk there were none.
District Judge Roger Lowe found Robbins guilty of driving with excess alcohol and banned him from driving for 20 months, ordered him to carry out 150 hours' community work and pay £455 costs.
The judge said: "I don't think you need me to outline the disastrous consequences the incident has had on this young girl.
"Had you not been drinking you may have been able to prevent this accident."
Under the current legislation, Robbins could have been sentenced to six months in jail and fined £5,000.
In a statement to the court Danielle's mother Christine Rushton, 48, of Greasby, Wirral, described the massive impact the accident has had on her talented daughter.
She said: "Danielle still suffers from a lack of concentration and loss of balance caused by her brain injury.
"When she walks she sometimes misses kerbs and feels worried and self-conscious about joining in with play.
"She does not read as much and art has gone from being her best class to her weakest."
Outside the court, she said: "I'm so proud of Danielle. She has been trying so hard.
"But it's difficult because previously everything came so naturally to her, she was such a stickler for detail."
Danielle's injuries meant she had to abandon her dream of a place on the Government's Gifted and Talented scheme at Calday Grange Grammar school, in Wirral.
Brigitte Chaudhry, of the pressure group Roadpeace, said: 'This is absolutely disgraceful and we believe this offence should have merited a custodial sentence.
"This driver fled the scene of the accident leaving a young girl lying with dreadful injuries from which she could have died."
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