Daniel Burba, 31, was four times over the legal limit for cocaine when he smashed into a tree off the hard shoulder
A drug-driving dad who killed his teenage son in a horror crash on the M6 after ignoring a warning from his doctor has been jailed.
Daniel Burba, 31, was four times above the legal drug-drive limit when he had an epileptic fit at the wheel and smashed his wife’s Peugeot van into a tree between junctions 34 and 33 of the motorway near Lancaster.
His 14-year-old son Ryan Morgan, who was in the front passenger seat, died “in terror” as he tried to gain control of the vehicle moments before the crash on April 20, Preston Crown Court heard.
Weeks before the fatal collision, Burba, of Arnside Crescent, Morecambe, had been warned not to drive due to his medical condition.
He had previously been told by his doctor in October 2014 to stop taking cocaine after he suffered a seizure which lasted up to four minutes.
Burba, who only held a provisional licence, was given a similar warning in February when he was admitted to hospital after more fits. He was also told to inform the DVLA of his epilepsy.
Burba pleaded guilty to causing death by dangerous driving. He also admitted driving without a licence and with no insurance.
Sentencing Burba to jail for 10 years, Judge Robert Altham, the Honorary Recorder of Preston, told him: “You knew that cocaine predisposed you to further fits. You were not entitled to drive unsupervised and certainly not on the motorway. You should not have behind the wheel at all.
“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.
“You knew that taking cocaine made your decision to drive all the more dangerous. Your driving put many other road users in danger.”
Ryan’s mum gave an emotional victim impact statement to the court, saying that “no amount of time Daniel will serve will ever be enough for taking Ryan’s life”.
She said: “My heart is broken and I don’t see it healing. I haven’t grieved properly because I feel if I start to let myself go, I’ll never stop, so even though I’m struggling daily, I’m also trying to be strong for my two daughters.”
She added: “My boy will never grow and be a father, go to work and follow his dreams or travel. He didn’t even get to finish school. He hasn’t ever had a chance to experience life.
“It’s so unfair because Ryan did have a beautiful heart. He wanted to be a policeman. He would have changed the world. He made it a better place in the short time he was here. He made everyone smile who came into contact with him. He had a smile that lit up the room.”
Lancashire Police said Burba was behind the wheel of his wife’s Peugeot Bipper van when he collided with a tree just off the hard shoulder of the southbound carriageway at 12.18pm on Easter Sunday.
Witnesses reported seeing the van driving in an “erratic manner” over the 70mph speed limit with its hazard lights flashing in the lead up to the crash, the force said.
The van left the carriageway, hurtling up a grass embankment before striking a tree, which caused the vehicle to roll over.
Ryan was pronounced dead at the scene after suffering severe head injuries. Burba was taken to hospital with “relatively minor” injuries to his ribs.
While he was being treated, a paramedic discovered a small bag of cocaine in Burba’s wallet, the court heard.
Blood tests revealed that the defendant was four times above the legal drug-drive limit. He was found to have cocaine in his system as well as traces of amphetamine.
Sgt Martin Wilcock, Senior Investigating Officer at our Road Policing Unit, said: “No sentence will ever make up for any loss of life, particularly in these tragic circumstances. However, 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.
“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. Or anyone who is considering driving, having consumed drugs or alcohol. As is so very obvious from this case, you run the risk of taking a life but also ruining many others – including your own.”
Burba was also disqualified from driving for 14 years and five months and must take an extended re-test if he ever wants to drive again.