Driver fined for refusing blood test after fatal collision with journalist
Pena-Rees said his client, who on Friday pleaded guilty to refusing to give a blood sample to police, was shocked over the tragic incident at the time he was asked to take the test.
“He’s refused to give a blood test in circumstances that are … difficult, tragic and impacted everyone that was involved that day,” he said.
“Yes it was a very tragic, serious matter, but Mr Latchford is not responsible. It is tragic, and we all want someone to blame.”
Sam Landsberger was on his phone when he walked into the wheels of a truck as it turned right on a green arrow.
Latchford, 46, has driven trucks for 14 years, and his lawyer said the mandatory two-year licence suspension he faced would affect him financially because he could no longer do his job.
He asked for Latchford to be fined rather than placed on a community corrections order.
But police prosecutor Senior Constable Keryn Bell said the fact Latchford refused to have the blood test, in circumstances in which a pedestrian had been killed, made the matter more serious.
“This is the most serious example of a refuse charge,” she said.
“It’s not a run-of-the-mill, routine test where he refuses to give blood.”
Landsberger’s family watched via video link as Latchford, who was told to come to the hearing in person, was sentenced by magistrate Stephen Ballek.
“All the circumstances involved in this incident were more serious than a typical interception and consequent breath testing or blood testing situation,” the magistrate said.
“There was clearly an accident which had occurred, which you did know at the time caused at least serious injury to a pedestrian.
“On the other hand, I take into account that your actions at the time were not to be criticised, no doubt you would’ve been in some shock at the time as to what had occurred.”
Ballek handed Latchford a $1500 fine with conviction, which he said was higher than he would normally impose for such an offence due to the “serious context”.
He suspended Latchford’s driver licence for 30 months – six months longer than the mandatory period – because of a prior traffic infringement notice in 2014 for drink-driving.
