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Emma Way found guilty on 2 of 3 counts in #bloodycyclists case

Motorist says on 1 to 10 stupidity scale, her tweet was 11

Emma Way, the motorist who tweeted about having knocked a cyclist from his bike, has been found guilty of failing to stop after an accident and failure to report an accident. However, she has been cleared of a third count relating to careless driving.

Way was fined £300, will have her driving licence endorsed with 7 penalty points and also has to pay £337 in costs.

The BBC reported that earlier today, she had told Norwich Magistrates' Court: "The tweet was spur of the moment. It was ridiculous and stupid and I apologise to all cyclists."

She added that posting that message on Twitter is “the biggest regret of my life so far.”

Shortly after the incident in Rockland, Norfolk on Sunday 19 May which left cyclist Toby Hockley with minor injuries, Way posted a tweet on the social network that read: “Definitely knocked a cyclist off his bike earlier – I have right of way he doesn't even pay road tax!" together with the hashtag, #bloodycyclists.

The 21-year-old was charged with careless driving, failing to stop after an accident and failing to report an accident.

Way told Norwich Magistrates’ Court tday that as a result of her tweet, and the media storm that followed, she had lost her job as a trainee accountant.

ITV reports that her solicitor asked her to rate, on a scale of 1 to 10, how stupid it was to tweet about the incident. She replied, “11.”

Way, who denied the charges, claimed that the handlebars of Mr Hockley’s bike had clipped her vehicle and that she saw him wobble slightly as she looked into her rear-view mirror, leading her to assume he was okay. She added that she was unable to stop due to a blind corner.

The cyclist, riding a sportive with a friend, told the court that although he did not come off his bike, he did end up in a hedge.

"A car came around the corner, narrowly missing Jay," he recalled.

"The car was heading over to my side of the road.

"I was hit on the leg by the wing and on the arm by the wing mirror and tried to slam on my brakes to regain control."

That infamous #bloodycyclists hashtag was reappropriated by cyclists in the wake of May's incident, with Mr Hockley himself helping set up the bloodycyclist.com website which aims to "raise some awareness and money for some of the dangers that face cyclists on a daily occurrence."

Merchandise including a #bloodycyclist jersey can be bought through the site.

 

Simon joined road.cc as news editor in 2009 and is now the site’s community editor, acting as a link between the team producing the content and our readers. A law and languages graduate, published translator and former retail analyst, he has reported on issues as diverse as cycling-related court cases, anti-doping investigations, the latest developments in the bike industry and the sport’s biggest races. Now back in London full-time after 15 years living in Oxford and Cambridge, he loves cycling along the Thames but misses having his former riding buddy, Elodie the miniature schnauzer, in the basket in front of him.

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103 comments

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DAG on a bike replied to gazzaputt | 10 years ago
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gazzaputt wrote:

...To be honest I never knew that failing to stop was taken so serious. Some arse ran into me and failed to stop. The police are taking action so I'm hopeful he'll be buggered.

A failing to stop offence is taken very seriously by the police, usually. It often conceals other offences - no insurance, drink/drugs driving, no Mot etc.

Likewise, a failing to stop conviction, which MUST be disclosed to an insurer at the relevant time, is taken very seriously by the insurance industry because it directly costs them a lot.

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spen | 10 years ago
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The Daily Mirror reports that "Way refused to comment as she left court, saying she had signed an exclusive television deal." So prepare yourself for more of the poor little picked on girl act. Pass the sick bag please.  31

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skippy replied to bendertherobot | 10 years ago
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This is the week where the Media are reporting the 6th Death in a few days and the Norwich Judiciary are saying " SO WHAT"!

Bragging that she hit a Cyclist , is not a crime recognised by the Law , is it ?

IT IS AN ADMISSION OF GUILT !

That the cyclist did not go to a Police Station , is understandable . Mr Plod , "WERE you Injured "? " Did you go to Medical Resources "? " Was any equipment damaged "? " Piss OFF then , or i will charge yOU with WASTING POLICE TIME "! " You are interupting my siesta "! " CAusing me to fillout paperwork "!

THis petition needs YOUR HELP :
https://www.change.org/de/Petitionen/ioc-chairman-thomas-bach-create-an-...

Nearly EVERY English Speaking Country refuses to have " Strict Liability & 1 1/2M Safe Passing Laws ! Nearly Every EU Country has these Laws !

Why does it not bother YOU ? Even in the EU , there are mugs who think playing Chicken is OK , until I show up at their Clients Premises , Their Employers Yard and their Front Door , IF , i haven't stopped them at the side of the road , to remind them , that hitting me , puts them in the Dock/penitentiary , perhaps , EVEN their Employer also !

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bendertherobot replied to skippy | 10 years ago
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skippy wrote:

This is the week where the Media are reporting the 6th Death in a few days and the Norwich Judiciary are saying " SO WHAT"!

No, this week the Norwich judiciary are convicting silly young girls correctly. But don't let that stop you getting carried away.

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yenrod | 10 years ago
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Toby Hockley 1 - Emma Way 0

And that concludes the score draws this evening.

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yenrod | 10 years ago
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Lastly, ever noticed how ignorant cyclists are on the road YET on a forum etc...by god can they argue !

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Jimbonic | 10 years ago
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So, yes, there is some doubt (reading the article and I have no other information to sway me one way or the other) as to who was on which side of the road. However, since there was at least one witness ("A car came around the corner, narrowly missing Jay,"), I wouldn't have thought it would have been that difficult to prove one way or the other. Would you ask a friend to perjure themselves?

I realise that it would more than likely be inadmissible. But, given her obvious attitude to road safety, I would have thought that the police would be quite keen to make sure that she was kept as far as possible from the road in future.

Yes, we've all done things we're not proud of. But, most people have the sense not to publish the fact. Or, we suck it up and take the punishment.

I certainly wouldn't Tweet any sort of misdemeanour. What on earth was she thinking. Then, I suppose that's typical of today's need to broadcast the minutiae of life to the world. I mean, amongst the countless tonnes of drivel, who'd notice the malicious drivelings of a young women who appears to hate cyclists. Or at least hates having to knock them off the road...

She deserves to be made an example, because she was stupid enough to tell the world. I abhor her lack of remorse. But, I'm going to give her the benefit of the doubt that she's shit scared of a civil suit and doesn't want to make any leanings toward guilt. Or, am I giving her too much credence?

I'm going away now to consider whether this will change my attitude to toward the everyday shit that I have to take from a minority of "other road users". The rest of them, I shall continue to treat with courtesy and, even, a cheery wave, if I'm feeling particularly delirious with joy.

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bendertherobot | 10 years ago
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I have to say, I don't find his version terribly convincing. He hits the bonnet, goes over it, hits the windscreen, hits the wing mirror. No damage to her, superficial to him. And he stays on.

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Jimbonic replied to Colin Peyresourde | 10 years ago
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Colin Peyresourde wrote:
Jimbonic wrote:

Was it a head on, then? I thought she was passing in the same direction.

I've found the quote from Road.cc for people:

Thanks, Colin.

Still room for doubt in the eyes of the Magistrate, I guess. But, I will stick with "he had a witness".

He did very well for someone who "bounced over the bonnet". Last time I did that I had a face that looked like prime steak!

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dp24 replied to skippy | 10 years ago
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skippy wrote:

IT IS AN ADMISSION OF GUILT !

It really isn't. For what it's worth, i'd be quite confident saying she was at fault (and, as an aside, a rather unpleasant individual), but proving a careless driving charge is a different matter. It was always going to be the most difficult of the three charges to prove, and i'm not overly surprised with the outcome.

As it is though, the offences she was found guilty of are actually the more serious ones. I'm not really sure why she went with a not guilty to them giving the established facts (including her own words) but I imagine her lawyer advised it on the chance she got a sympathetic magistrate.

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philtregear | 10 years ago
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BITCH

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eurotrash | 10 years ago
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Yep, TV deal lined up for Emma Way, oh dear... wonder if it's going to be about rebuilding her image (maybe even launching her new television career) or about slagging off cyclists... either way her retardedness will land her with some cash.

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zeb | 10 years ago
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Was rewatching the video on BBC.

The bottom line is not that it is bad to fail to stop at an accident scene, it is that people should be careful with social media! Says a lot.

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Jimbonic replied to eurotrash | 10 years ago
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eurotrash wrote:

Yep, TV deal lined up for Emma Way, oh dear... wonder if it's going to be about rebuilding her image (maybe even launching her new television career) or about slagging off cyclists... either way her retardedness will land her with some cash.

It's probably just an exclusive interview. Either way, I'm not sure I can be bothered to give her the time of day. It'll either be trash or incendiary. I'm not interested in either.

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JuiceQC | 10 years ago
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I know nothing about the facts of this case but what I can say is that the Norwich Judiciary were not involved in this case. The case was heard in the Magistrates Court so the tribunal of fact was a Lay Bench or possibly a District Judge.
The test for driving without due care and attention (aka careless driving) is as set out above by other people contributing to this discussion. It is a pretty simple question that is, in my experience, easily understood by all juries and other tribunals of fact (e.g. Lay Benches and professional District Judges).
What I do find surprising is the disposal / sentence. Given that the cyclist sustained injuries (albeit minor) I cannot understand why the Court did not order compensation.
Her crass tweet was certainly relevant to the issue of her failing to stop / report but apart from that I am not sure added anything to the rest of the case.

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stealth | 10 years ago
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Enough cash to be able to insure her car until for a few years?? The TV company (ITV Daybreak, I believe), need pressuring about this. It's not going to be a challenging interview, is it??

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Gennysis | 10 years ago
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.

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Tony replied to CStar | 10 years ago
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CStar wrote:

As he says, at her age, with this on her record, her chosen career is completely knackered and she won't be able to afford to insure a car to drive, so she is effectively banned for the next 2-3 years at least anyway. Probably fair punishment for what she has done.

It didn't need to be that way. If she had held her hands up at the beginning and admitted she did it and apologised we would have probably all put it down to the mistakes that young people make and got on with life. But she didn't. She denied it (in the face of her own evidence), tried and is still trying to blame others and generally trying to weasel her way out of responsibility.

As an employer I don't mind people making mistakes that they recognise and learn from. I don't want people who deny their mistakes and try to cover them up, especially if they are in professions like accountancy or law. That's what happened with Nick Leeson and Bruno Iksil (the London Whale) who covered up and compounded their mistakes until they, and many around them, where overwhelmed with the consequences. Its that which did for her accountancy career and future, not the original incident.

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thetallbird | 10 years ago
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More than anything, i would like to hear that because she lost her job and earned 7 points....she had to get a bike.

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Northernbike | 10 years ago
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ITV reports that her solicitor asked her to rate, on a scale of 1 to 10, how stupid it was to tweet about the incident. She replied, “11.”

maybe it wasn't just her driving that scuppered her prospects in accountancy then

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OldRidgeback | 10 years ago
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It's curious that there was no decision to pursue the photographic evidence she herself posted on a social media site on a previous occasion.

She apparently photographed the speedo of her vehicle, boasting that she'd topped 100mph. Now exceeding the speed limit by 30mph is a banning offence, while the issue of distraction from using a camera while at the wheel should add further points to her licence.

Why was this not followed up?

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gb901 | 10 years ago
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I find her suggestion that she was only driving at 15 mph at the time laughable!

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dp24 replied to OldRidgeback | 10 years ago
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OldRidgeback wrote:

Why was this not followed up?

It'd have to be charged as a separate offence. I would think that securing a conviction on the basis of a single photograph of a speedometer, at an unspecified time and location, would be tough.

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Simon_MacMichael replied to Northernbike | 10 years ago
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Northernbike wrote:

ITV reports that her solicitor asked her to rate, on a scale of 1 to 10, how stupid it was to tweet about the incident. She replied, “11.”

maybe it wasn't just her driving that scuppered her prospects in accountancy then

I just assumed she is a secret Spinal Tap fan  3

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Joeinpoole replied to JuiceQC | 10 years ago
0 likes
JuiceQC wrote:

I know nothing about the facts of this case but what I can say is that the Norwich Judiciary were not involved in this case. The case was heard in the Magistrates Court so the tribunal of fact was a Lay Bench or possibly a District Judge.
The test for driving without due care and attention (aka careless driving) is as set out above by other people contributing to this discussion. It is a pretty simple question that is, in my experience, easily understood by all juries and other tribunals of fact (e.g. Lay Benches and professional District Judges).
What I do find surprising is the disposal / sentence. Given that the cyclist sustained injuries (albeit minor) I cannot understand why the Court did not order compensation.
Her crass tweet was certainly relevant to the issue of her failing to stop / report but apart from that I am not sure added anything to the rest of the case.

I thought she was quite a pretty little thing ... which is always excellent mitigation in legal matters. Works for me anyway.

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Carl replied to spen | 10 years ago
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spen wrote:

The Daily Mirror reports that "Way refused to comment as she left court, saying she had signed an exclusive television deal." So prepare yourself for more of the poor little picked on girl act. Pass the sick bag please.  31

There you go, crime pays! Knock a cyclist over and get a TV deal.

Sick bag for me as well.

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mrmo replied to dp24 | 10 years ago
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dp24 wrote:
OldRidgeback wrote:

Why was this not followed up?

It'd have to be charged as a separate offence. I would think that securing a conviction on the basis of a single photograph of a speedometer, at an unspecified time and location, would be tough.

We all may be fairly certain it happened.

but, was she on a runway, closed track, rolling road,a faulty speedo... prove it in a court of law...

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Simon E replied to gb901 | 10 years ago
1 like
gb901 wrote:

I find her suggestion that she was only driving at 15 mph at the time laughable!

Unfortunately lots of shitty people consider lying in court to be like speeding, it's no problem if you can get away with it.

Why this aggressive hooligan wasn't banned is beyond me... until I remembered that the courts do not consider this kind of behaviour worthy of removing the offender from the road, not even for a short time. The only lesson she has learnt is not to brag about your crimes on twitter.

I saw a these earlier:
Fine for hit & run on cyclist: £337
Fine for cycling on Eastbourne prom: £500
https://twitter.com/bengoldacre/status/402810363546468352

Cycle across square £50;
put cyclist on life support by driving w/ defective sight £95
https://twitter.com/beztweets/status/402816834761523201

This is (part of) what we're up against  2

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dp24 replied to Simon E | 10 years ago
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Simon E wrote:

Why this aggressive hooligan wasn't banned is beyond me

If she'd have been found guilty of the careless offence, then I suspect she might have done. Given the circumstances, and presumably a previously clean record, the sentence seems about 'right'.

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mooleur | 10 years ago
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Is it not a pointer of severe neglect of responsibility when she quotes that her tweet is her biggest regret, not hitting a human being with her vehicle?

She should be made to retake her test.

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