A 22-year-old woman was spared prison last week after she admitted causing death by careless driving.
Laura Hauerslev lost control of her Citroen Saxo on the old A30 at Combebow as she drove 24-year-old Alec Pearn to her home after a weekend staying with friends in Cornwall.
Miss Hauerslev, of Broadwoodwidger, was ordered by Exeter Crown Court to do 240 hours' unpaid community work and receive supervision as part of a of 12-month community order.
She was spared jail when the judge was told that Mr Pearn's family were not seeking revenge and did not want her to go to prison.
The court heard that the couple had been arguing about music on the car radio and with him turning it up and her turning it down. She took her eyes off the road as she did so. Mr Pearn grabbed the steering wheel in a bid to keep the car on the road but it ran over a kerb, and took off as it ran up a small slope. It rolled and hit the tree roof-first.
He was killed instantly by the impact with the tree in the 70mph crash on a Sunday afternoon in September. Miss Hauerslev was trapped in the wreckage.
She sobbed in the dock as Judge Francis Gilbert, QC, told her: 'You were going over the speed limit by your own admission and arguing with your boyfriend, which seems to have distracted you from driving.
'You admit you took your eyes off the road and lost control of the car and we know what happened thereafter. I treat this as a tragic accident caused by a momentary loss of attention.
'It led to an over-correction by you and in the circumstances I do not believe the speed had anything to do with the accident other than exaggerating the consequences.
'I have regard to the fact that the deceased was a good friend of yours and you may have been distracted by what he did. I am grateful to the deceased's parents and family for indicating that they do not want you to go to prison.'
The judge took time to praise the courage of passer-by Michael Cazaly, who risked his own life to comfort Miss Hauerslev for two hours, despite being covered in petrol and at risk of the wreckage falling onto him.
Peter Coombe, prosecuting, said the couple had been together for a few months and by the time of his death Mr Pearn was spending much of his time at her home.
He said Mr Cazaly saw them closing on him on the old A30 road before looking back and seeing a cloud of dust and returning to help them.
He realised Mr Pearn was dead but lied to Miss Hauerslev to try to keep her calm as he gave her first aid and remained by her side even when the emergency services arrived.
Mr Coombe said: 'The defendant was shouting for help and asking him to get her out. She told him 'it was the most silly thing, an argument about which radio station to listen to, that was what caused the accident'.
'His actions were very selfless and brave and at one point he was soaked in petrol. He spent two hours comforting and looking after her.
'She told police in the car they argued about the radio and he kept turning it up. She asked him to stop but he didn't and she took her eyes off the road to turn it down. It happened again and when she looked up she saw the car going towards the kerb and out of control. She said he grabbed the wheel but they crashed.'
Lee Bremridge, defending, said: 'The events of that Sunday afternoon will live with Miss Hauerslev for the rest of her life. She is deeply sorry and wants to apologise to Alec's family for what happened and the loss of their son.'


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