A DRUG driver killed a cyclist by ploughing into him just seconds after using his phone, a court heard.

Kornel Marcinek was speeding along Hill Lane, Southampton, in a BMW when he crashed into the back of Joe Burton's bicycle. 

The 33-year-old of Dorchester Court had been cycling home from a BBQ at the time and was left with severe head injuries. 

READ MORE: Cyclist Joe Burton's widow tells of horror of Southampton fatal crash

Marcinek, now 25, had been smoking cannabis with a friend earlier that day and only recently passed his driving test. 

Despite also being uninsured, he chose to drive and just 21 seconds before crashing into Joe, he had used his phone to text a friend. 

Marcinek had been travelling at around 37 to 40mph in the 30 zone and despite Joe's rear light being out, a court was told that he should have seen Joe and avoided him. 

Daily Echo: Southampton Crown Court. Southampton Crown Court.

Joe was rushed to Southampton General Hospital after the incident on July 23 last year but died the next morning from his injuries. 

Marcinek of Rayners Gardens was arrested on the day of the crash but made no comment when interviewed by police. 

Joe's wife, Anna, who he had married just months before described him as "kind, "supportive and loved by everyone he met". 

Marcinek was later charged with causing death by dangerous driving while over the prescribed limit of cannabis, and driving without insurance. 

Prosecuting, Edward Warren, told Southampton Crown Court on Thursday that the road had been dry and the street lights were on at the time of the crash. 

READ MORE: Southampton man threatened to run over former partner after break-up

He added that the sound of breaking was "almost instantaneous with the sound of the collision" and that "no avoiding action was taken until the breaks sounded". 

Marcinek had been playing football that day and it was thought that his fatigue and inexperience as a driver may have played a part as well as his intoxication.

But mitigating, Tom Wright, explained that he had only shared one cigarette with cannabis in it with a friend that day.

"He’s a recreational user and doesn’t have a dependence upon the drug.

"He accepts that it was simply wrong for him to have driven with the drug in his system alone," he said.

But Judge Nicholas Rowland told the former delivery driver that he "ought to have seen and avoided [Joe]."

"No sentence I can pass will undo that tragedy."

He jailed Marcinek for 21 months in total and disqualified him from driving for two years and ten months. 

A message from the Editor

Thank you for reading this article - we appreciate your support in reading the Daily Echo.

Subscribing to the Echo means you have unrestricted access to the latest news, features and Saints coverage - all with an advertising-light website.

You will also have full access to Saintsplus, your new home for Southampton FC tactical analysis, features and much, much more.

Don't take my word for it - subscribe here to see for yourself.

Follow the latest breaking news in the Southampton area by joining our Facebook group - Southampton News - Breaking News and Incidents

Follow the latest court and crime news on our dedicated Facebook group - Hampshire Court and Crime News