A cocaine-fuelled motorist who killed his teenage son after ignoring medical advice to stop driving has been jailed for 10 years. Daniel Burba had an epileptic fit at the wheel whilst four times over the drug-drive limit.
The 31-year-old from Morecambe was driving his wife's Peugeot van on the M6 near Lancaster when he suffered the seizure on April 20. The vehicle swerved off the southbound carriageway between junctions 34 and 33 and struck a tree.
Son died "in terror"
Ryan Morgan, 14, who was sitting in the front passenger seat, sustained fatal head injuries and was pronounced dead at the scene. Preston Crown Court heard the teenager died "in terror" as he desperately tried to gain control of the vehicle moments before the crash.
Burba was taken to hospital with relatively minor rib injuries and lacerations. A paramedic discovered a small bag of cocaine in his wallet whilst he was being treated, and blood tests revealed he was four times above the legal drug-drive limit.
Medical warnings ignored
The court heard Burba had been warned by his doctor in October 2014 to stop taking cocaine after suffering a seizure lasting up to four minutes. The provisional licence holder was also advised not to drive at all.
He received similar warnings in February when admitted to hospital after more fits and was told to inform the DVLA. Despite these clear medical instructions, Burba chose to drive on the busy bank holiday Sunday with his son as passenger.
Erratic driving witnessed
Burba was travelling in convoy with his wife Frances, Ryan's stepmother, and their three children when the tragedy occurred. Witnesses described him driving erratically on the motorway with hazard lights on, narrowly missing a coach in the inside lane.
One woman noticed the front seat passenger "looked really scared" as he appeared to be trying to steer whilst the driver was slumped over the wheel. She mouthed to the "terrified" teenager to try putting the vehicle into neutral as other drivers attempted to clear a path.
Vehicle strikes tree
The vehicle struck the central reservation, swerved across the carriageway and up a grass bank before hitting the tree. Burba's wife witnessed the incident from her vehicle and was described as "distraught" at the scene.
When interviewed, Burba lied that he had only just discovered he should not drive due to his medical condition and claimed he had never driven the van before. He said he had no recollection of taking cocaine.
Judge condemns lies
Judge Robert Altham, the Honorary Recorder of Preston, told Burba: "You knew that cocaine predisposed you to further fits. You were not entitled to drive unsupervised and certainly not on the motorway."
The judge added: "You chose to drive on a motorway on a busy bank holiday Sunday. You had a passenger in the van and that passenger was your son, a person you should have been protecting and not endangering." He told the defendant: "You could have admitted to what you did but you chose instead to lie in order to save yourself."
Mother's heartbreak
Ryan's mother Kim, who sat in court, described Burba's actions as "disgusting". In a victim personal statement, she said: "Daniel has taken a precious son, brother, grandson, nephew, friend and cousin. He had so much to live for."
She added: "The fact that Daniel knew he wasn't allowed to drive due to his seizures, plus a lack of licence and insurance is just disgusting. Ryan wanted to be a policeman. He would have changed the world." She described her son as having "a smile that lit up the room" and said: "Daniel has taken all that and more."
Character references questioned
Judge Altham said he had "rarely seen" as many testimonials in support of a defendant, said to be of "Christian faith" who was involved in various charitable work. But he highlighted one reference which said Burba was "a fantastic father, honest and caring" and told the court: "I wonder if the author of that letter knows you and the circumstances of this case at all."
He added: "Your wife suggests you have never intentionally put any of your children in danger. That is plainly not true." The court heard Burba had received points on his licence and a fine in June 2021 for driving without insurance and driving otherwise in accordance with his licence.
Defence cites remorse
Paul Humphries, defending, said Burba was "remorseful". He said: "He very much regrets his actions that day. He has indeed attempted suicide in the last few weeks."
The defence lawyer added: "He knows he has to be punished. He accepts he has to be punished. He is well aware he made a very, very poor decision and one he very much regrets, and one he has no intention of repeating."
Sentence and warning
Burba pleaded guilty to causing death by dangerous driving, driving without a licence and with no insurance. He was disqualified from driving for 14 years and five months.
Following sentencing, Sergeant Martin Wilcock said: "Daniel Burba will have the rest of his life to reflect upon the catastrophic consequences his decision to consume drugs and then get behind the wheel have had. Sadly, his son will not." He added: "I hope the outcome of this case sends a strong message out to anyone who is considering driving, having been told by a doctor not to."
(PA) Note: This article has been edited with the help of Artificial Intelligence.
