The truck driver involved in a fatal accident has suspended the license after rejecting a drug test

A truck driver who rejected police blood drug test after an accident that killed a Melbourne journalist has suspended his license for two and a half years.

The Melbourne Magistrates Court heard that the 46-year-old truck driver was not to blame for the accident at an interior-suburbed intersection in August last year.

A 35 -year -old pedestrian sports journalist Sam Landsberger, died from serious injuries after the rotating truck hit him at the intersection of Church Street and Bridge Road in Richmond.

Landsberger was a journalist awarded with Herald Sun, who was remembered as a beloved and diligent colleague.

The driver, James Latchford, stopped at the scene and emergency services attended, but Landsberger was seriously injured and died in the hospital.

The driver rejected blood analysis, claiming fear of needles

Latchford returned the negative evidence of alcohol and drug breath, but refused to provide a blood sample, which the court heard, extends the time window where illicit drugs can be detected.

The driver of the truck driver, Michael Penae, told the court that his client rejected the blood analysis immediately after the accident when he was “struggling to accept” with what had just happened.

The court also heard at that time that he rejected the blood test, he still did not know that Mr. Landsberger had died, telling the police at that time “I don’t like the needles companion.”

A 14 -year -old truck driver, Latchford declared himself guilty of refusing to provide a blood test and suspended his license for 30 months, or two and a half years, with a registered conviction and a fine of $ 1,500.

Judge Stephen Ballek told the Court that when issuing a suspension above the minimum of two years, he considered the serious circumstances of the accident that, although it is not Mr. Latchford, meant that rejecting the blood tests was “more serious” than it would have been for a random road test.

“There was clearly an accident that had happened, which I knew at that time, that it had caused at least serious injuries to a pedestrian,” said magistrate Ballek.

“On the other hand, I take into account that … you would have been … in some kind of shock regarding the circumstances of what had happened.”

The court heard that Mr. Landsberger’s family was present at the online judicial hearing.

Mr. Latchford acknowledged that Landsberger was a successful journalist who had “a brilliant future” ahead.

He indicated that his client had been severely affected by the accident and probably would lose his work as a result of his decision to reject blood analysis, so he had declared himself guilty.

“He is very sad and surprised by the incident, which Sam died … because he affects everyone,” Pena-Rees said.

The Ballek magistrate reiterated that the audience should not be considered a sanction against Latchford for the death of Mr. Landsberger because he was not being prosecuted for the accident since it was discovered that he was not to blame.

“This judicial hearing and this sentence in no way can … (address) the loss that the family feels,” he said.