Cheshire dad died in partner's arms after crash with intoxicated driver

The family are now fighting to change the law

The "heartbroken" family of a father who was tragically killed in a head-on collision caused by an intoxicated and drugged driver, who had been released on bail for dangerous driving just 10 days prior, are calling for a change in the law.

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

Tim, a father to 15 year old Lillianna and an employee at a fish and chip shop in Runcorn, sadly died in Wendy's arms minutes later, before she was rushed to hospital with serious injuries. Eldred received a 12-year prison sentence at Chester Crown Court on October 25 after admitting to causing death and serious injury by dangerous driving.

It was revealed that he had a previous conviction for dangerous driving and had been arrested just 10 days earlier for crashing into a stationary car while under the influence. Despite this, Eldred was released on bail and still possessed a valid driving licence when he caused the fatal accident.

Linzi Stewart, Tim's 49 year old sister, has initiated a petition urging the Government to amend the law so that those accused of dangerous driving would have their licences immediately revoked, pending trial and sentencing.

The heartfelt 'Tim's Law' movement is amassing strong public backing, with more than 68,000 supporters signing up to demand harsher penalties for habitual dangerous drivers advocating for their detention or intense surveillance post-release. In an emotional disclosure to PA Real Life, Linzi recounted: "If he had been remanded in custody, Tim would possibly still be alive."

She also shared the heartache of approaching festivities: "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."

Reflecting on the grief the loss will bring this holiday season, she said: "Every time you remember your brother's not going to be there for the first time, it's going to be awful."

Linzi passionately argued for legislative reform, saying: "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."

Her sorrow was crisp when she added simply: "It's just devastating."

The grim event was detailed, explaining that Eldred, who had consumed alcohol and cocaine, caused the catastrophic crash while driving on the wrong side of the road at dangerously high speeds.

"He's gone to overtake this white van and put his foot down," Linzi described the fateful moment, "He was doing between 65 and 70mph and just crashed head-on, straight into them."

Tragically, Tim suffered fatal injuries in the terrible impact that also left Wendy seriously injured. Linzi shared the harrowing aftermath: "When she came round, Tim was lying across her lap, completely unresponsive."

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

Eyewitnesses reported seeing Eldred driving his blue Ford Focus erratically before the accident, stalling at traffic lights and veering onto the wrong side of the road. Following the crash, he was taken to hospital where blood tests revealed he had 81 milligrams of alcohol per 100 millilitres of blood, just over the legal limit.

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

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On October 25, at Chester Crown Court, Eldred pleaded guilty to causing death and serious injury by dangerous driving. He was sentenced to 12 years in prison and received a subsequent 10-year driving ban, after which he must pass an extended driving test.

However, Linzi was shocked to discover that Eldred had previous dangerous driving offences. In an incident on July 8, just 10 days before the fatal crash, he collided with a parked car in Davenham and fled the scene.

Eldred had been released on bail until July 25, with a valid driving licence while police awaited 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," Linzi said.

"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."

Linzi has launched a campaign on Change.org urging the UK Government to review legislation concerning the remand of dangerous and repeat driving offenders following her tragic loss.

The petition emphasizes four proposed changes specifically for dangerous drivers caught over the limit, driving recklessly at high speeds or texting while driving. Key demands include the immediate revocation of licences and compulsory vehicle registration with the DVLA for these individuals.

Furthermore, the petition argues for the pre-court remanding of repeat offenders and an overhaul of the current legal system to ensure they face consequences before causing "irreparable harm".

Having garnered over 68,000 supporters, Linzi has reached out to her MP, Dame Angela Eagle, hoping to bring the issue before Parliament.

"Even though he's destroyed our lives, I don't feel anger or hatred towards him," Linzi expressed.

"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 received an additional eight weeks in prison for crashing into the stationary car, after blood tests confirmed he was over the legal limit for both alcohol and drugs.

Linzi revealed her brother had been video calling Wendy's daughter when the accident occurred.

"We don't even think he saw the car ahead of him, because he was looking down and saying goodbye," Linzi explained.

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

The festive season is set to be particularly challenging for Linzi and her family. I feel like half of me is gone.

"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 adorned 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 keen fan of the sport and an enthusiastic player.

Inspector Steve Griffiths, from the Cheshire Police Serious and Complex Collision Investigation Unit, commented: "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.