A driver who killed a father-of-three in a horrific crash had his driving licence renewed 'by accident' by the DVLA while he was still serving a 10-year ban. Halim Cholmeley, 43, was given his licence back four years before the ban was due to expire, allowing him to continue flouting driving laws.
Cholmeley was originally jailed for six years and handed a 10-year ban for killing Gavin McCabe, 41, in Dundee in March 2009. He was drunk and already serving a ban when he ploughed his BMW into Mr McCabe's taxi, causing fatal head injuries. The High Court in Edinburgh heard he was depressed and awaiting counselling at the time.
Despite the ban, Cholmeley applied for and received a new licence in June 2016, with four years of his road ban still to run. He then drove without a licence or insurance between March 2016 and October 2019, and failed to provide a breath sample. On one occasion, he took a £50,000 Audi for a two-day test drive, and on another, he tried to hide car keys as police prepared to breathalyse him.
At Forfar Sheriff Court, Cholmeley was jailed for six months after admitting the offences. Sentencing was deferred on two other cases for background reports. The DVLA has faced criticism for the error that allowed a dangerous driver to remain on the roads.
