A Tesla driver who crashed into a new mum's car at 100mph on the M27 has avoided jail - and she feels the courts have failed her.

Kirsty Skinner, 31, was being driven home by her partner following a traumatic birth, with three of their children in tow, when Josselin Herjean smashed into the back of their white BMW last October.

After the impact she screamed 'my babies' and clutched her stomach, having just given birth to premature Alaya via Caesarean at Princess Anne Hospital.

READ MORE: Dog sitter caught trying to have sex with a Great Dane

Daily Echo: Kirsty Skinner, 31,

Herjean was high on cannabis at the time and had suffered a 'psychotic episode' due to the stress of his job as an IT manager on the London Stock Exchange, Southampton Crown Court heard.

The the 51-year-old from Hamble was handed a 16-week jail sentence, suspended for a year.

He was also disqualified from driving for 18 months, after a judge said it was a 'minor miracle' that no one got injured in the collision.

Reacting to the sentence, Kirsty from Thornhill said: “I don’t feel like justice has been served. It will never be served because that is the decision the judge has come to.

“Since that accident, we have just had to diddle along with life. My eldest son is petrified of getting into a car, especially at night.

“It just makes me have no confidence in the system especially when they have all the evidence on how recklessly he was driving.”

Daily Echo: Emergency services responding to the crash on M27Emergency services responding to the crash on M27 (Image: Submitted)

READ MORE: Family in crash while bringing mum home from hospital after premature birth

On Friday, October 6, Kirsty was picked up by her partner Jamie Swinfield after the new dad visited the pair with their other children Cody, five, Noah, three, and Ava, 18 months.

Alaya, who was ten weeks premature, remained behind in the hospital's intensive care unit as Kirsty was taken home via the M27.

Prosecutor Adrian Fleming said that Eleanor Randall, a nurse driving at the time, saw the £50,000 red Tesla overtake a vehicle 'at a very high speed – she estimated over 100 miles per hour'.

She said the white BMW carrying the family was 'doing about 70 miles per hour' and carrying out a 'perfectly normal overtaking manoeuvre' towards the fourth lane of the motorway.

The Tesla, still going at a 'grossly excessive speed', suddenly pulled out 'erratically into lane four', Mr Fleming said.

Daily Echo: Josselin Herjean, 51Josselin Herjean, 51 (Image: Solent Agency)

He added: “The car jolted forward then it hit the central reservation and the back of the car jolted up into the air."Following the crash, the nurse saw Herjean, who smelt of cannabis, ‘throwing clothing out of the vehicle onto the carriageway' and checked on Kirsty.

Grace McConnell, representing Herjean, said of the 'psychotic episode': "[He was working under] extremely high pressure and it was this pressure from work that led to this episode in his life.”

Herjean was also ordered to carry out 130 hours of unpaid work, 15 days of rehabilitation activity requirements, and pay £425 in court costs.