A MOTORIST who drove off after a car accident with a foot lodged in his bumper has failed in his bid to have his sentence reduced.

Peter John Dearing, 23, of Read Old Bridge, Read, was jailed for two months at Blackburn magistrates earlier this month following a smash on Yew Tree Drive, Blackburn.

Dearing collided with motorcyclist Richard Sholl, 37, of Rhodes Avenue, Blackburn, in an accident which tore Mr Sholl's left foot off and left him in excruciating pain in the road.

Dearing had pleaded guilty to driving without due care and attention and failing to stop after an accident.

He also admitted driving other than in accordance with a provisional licence, without insurance, with defective brakes and defective steering.

At an appeal heard yesterday at Preston Crown Court, barrister Mark Stuart, for Dearing, argued magistrates who sentenced Dearing had focused on the wrong offence.

He told the court it was not failing to stop after an accident which caused the injury but driving without due care and attention, the lesser offence.

Mr Stuart said: "The position is even if the defendant had remained and not driven off his driving without due care and attention would still have caused the injury and the consequences would still have been the same."

The court heard how Dearing stopped but then drove to a Great Harwood pub where he called police.

Mr Stuart asked for Dearing's phone call to the police and his co-operation to be taken into account.

But the court also heard how Dealing had previous convictions for driving offences including driving with no insurance and driving without a licence.

A statement by Mr Sholl was read out in court. In it he said: "My left foot has gone forever, it will never get better or grow back.

"I am stuck with this and the prospect of a false limb to look forward to."

Judge Foster QC, sitting with two magistrates, called the defence argument unattractive but persuasive.

But he added: "We consider the Blackburn magistrates were correct in their approach to this case and we uphold their sentence of two months in prison."