Legal case - sentencing passed so I think we can discuss

by EK Spinner   July 30, 2014  

I can kind of predict how this discussion will go, but anyway it is interesting that this was Murder rather than Death by dangerous driving

http://www.bbc.co.uk/news/uk-england-28565546

12 user comments

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As I understand it, it's murder because his tacograph showed that after a spate of acute accelerating and braking while they shouted/gesticulated at each other, there was a period of 9 seconds where the truck was stationary after stopping behind the victims car whereupon the victim got out of his vehicle, so the defendants claim that he couldn't see the hi-vis-clad victim before running him over was shown to be untrue.

Clearly, the idea that this guy will ever be permitted behind the wheel again is truly worrying, but ultimately, this is what can happen when you end up arguing with other road users. It's just not worth it. I've got a wife and 2 babies that want to see me get home safely.

In theory, there is no difference between theory and practice, but in practice...

posted by notfastenough [3683 posts]
31st July 2014 - 9:13

2 Likes

notfastenough wrote:
Clearly, the idea that this guy will ever be permitted behind the wheel again is truly worrying

This.

It was not the first case of road rage involving this man, and he should forfeit his right to ever get behind the wheel of a vehicle.

“Melancholy is incompatible with bicycling.” James E Starrs

posted by truffy [649 posts]
31st July 2014 - 11:03

3 Likes

Its mental isn't it? You can take a mans liberty and put them behind bars, but denying their right to drive a car is clearly a step too far!

posted by Jimmy Ray Will [433 posts]
31st July 2014 - 11:16

6 Likes

2010 - motorist was jailed for life after chasing after a cyclist, who clipped his wing mirror, and deliberately killing him by running his car into him. My rule is if you have an argument with a driver, always have an escape route, even if it means a massive detour from your route or even stopping for a while. To some motorists a quick 'side-swipe' or 'brake check' is perfectly OK.

Shades

posted by Shades [260 posts]
31st July 2014 - 14:42

2 Likes

An ounce of prevention is better than a pound of cure.
If there was a "fit and proper person test" with a driving licence whereby any road rage incident led to a period off the road, this could have been prevented as this guy clearly has anger issues preventing him from exercising due care when driving a vehicle.
Way past time that anger on the roads was dealt with.

posted by arfa [626 posts]
31st July 2014 - 18:43

2 Likes

truffy wrote:
notfastenough wrote:
Clearly, the idea that this guy will ever be permitted behind the wheel again is truly worrying

This.

It was not the first case of road rage involving this man, and he should forfeit his right to ever get behind the wheel of a vehicle.

it's NOT a "right", it's a privilege afforded from having passed a test proving competence... and should be very easy to take away... Sad

posted by Paul_C [307 posts]
31st July 2014 - 18:50

1 Like

Oh dear me, I consider myself thoroughly chastised once again.
Next time I venture onto road.cc I'll be sure to carry a copy of the OEfuckingD
Whatever!

“Melancholy is incompatible with bicycling.” James E Starrs

posted by truffy [649 posts]
1st August 2014 - 9:20

0 Likes

There are a lot of "unstable" people driving around our roads. I recently had an issue with an old guy who almost killed me whilst turning in-front of me. Thankfully I did a "fall guy" type skid around his car. However he went into a fit of rage when I confronted him about it, told me I was in the wrong and then attempted to exit his car to hit me, at which I promptly defended myself by dooring him.

You really do have to be careful out there and some people are just an argument away from being killers.

posted by Cannondale123 [4 posts]
1st August 2014 - 11:54

1 Like

Shades wrote:
To some motorists a quick 'side-swipe' or 'brake check' is perfectly OK.

I think you mean that some motorists have had quick side swipes or brake checks deemed as perfectly acceptable by society and a legal system that doesn't want to punish them.

posted by farrell [1843 posts]
1st August 2014 - 12:23

1 Like

Paul_C wrote:
truffy wrote:
notfastenough wrote:
Clearly, the idea that this guy will ever be permitted behind the wheel again is truly worrying

This.

It was not the first case of road rage involving this man, and he should forfeit his right to ever get behind the wheel of a vehicle.

it's NOT a "right", it's a privilege afforded from having passed a test proving competence... and should be very easy to take away... Sad

Hi Paul, like you i agree its a privilege however can i just throw this into the melting pot, in the USA it is a right and should we go down the route of removing the human rights act etc and we get a bill of rights (as discussed by the tories) will it then fall into the same bracket as in the USA Thinking

There are no stupid questions, just stupid people.

posted by stumps [3115 posts]
1st August 2014 - 12:50

0 Likes

Removing the Human Rights Act would not be easy, it is based on the European Convention on Human Rights which itself was based on English law. The convention was championed by Winston Churchill and others to ensure that the atrocities committed by the Nazis could not be repeated in the same way....
For someone to use this legislation to argue a right to drive despite having demonstrated they are incapable of doing it safely is an insult to the memories of the many well known people who had the foresight to enact it.

http://en.wikipedia.org/wiki/Human_rights_in_the_United_Kingdom

posted by SideBurn [906 posts]
2nd August 2014 - 10:39

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But is the tide changing against poor drivers and their lenient sentencing?

Judge Sean Enright said:
"If you were not sending texts at the time, then you were fiddling with your phone and that is what caused this collision".

"In my opinion there is not a scrap of remorse".

"Mobile phone use while driving is a plague on our society,"

But as usual some poor chap paid the ultimate price for the stupidity of a person who had two previous convictions for using her mobile.

http://www.bbc.co.uk/news/uk-england-28585757

posted by SideBurn [906 posts]
2nd August 2014 - 10:48

0 Likes