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Suspended sentence and one-year ban for Suffolk man convicted of causing cyclist's death by careless driving

Investigators said cyclist would have been “glaringly obvious” from 115 metres away

A Newmarket man who killed a cyclist in an “entirely avoidable” collision on his way to work in January 2017 has been handed a nine-month prison sentence, suspended for two years, and a one-year driving ban.

The East Anglian Daily Times reports that Zoltan Domotor was cycling along the A1304 in Newmarket at around 6.30am when he was hit from behind by 23-year-old Danut Birle.

Domotor was hit by the bonnet and windscreen of the car and suffered multiple fatal injuries, including a fractured skull.

He usually travelled to work on his motorbike, but due to a fault the day before the incident, on this occasion he cycled.

His wife said: “Zoltan had always said the roads were dangerous – he was not happy to cycle again.”

CCTV footage showed that Domotor was wearing a high vis jacket with reflectors on his pedals. Police tests later showed he would have been visible for a period of between four and 10 seconds.

Police forensic accident investigator PC Dean Webb said the test showed that when the reflective jacket was 115 metres away, it became "glaringly obvious" what it was and that Birle should have had time to emergency brake or take avoiding action.

Prosecutor Charles Myatt said: "From all the evidence available, it seems that Mr Birle did neither of these."

The nearside headlight of Birle's car was found to have been faulty and did not work on dipped beam.

There were no witnesses to the collision, but another motorist, Laura Towns, had been overtaken by Birle a short time before and said he had pulled away "at speed."

The collision took place at a speed believed to be in excess of 50mph.

Birle initially pleaded not guilty and claimed that Domotor had been riding towards him with either weak or no lights.

He later changed his plea and accepted all blame for the accident at sentencing.

Alex has written for more cricket publications than the rest of the road.cc team combined. Despite the apparent evidence of this picture, he doesn't especially like cake.

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A V Lowe replied to Awavey | 6 years ago
1 like

Awavey wrote:

the little onion wrote:

For goodness sake. Note the charge of careless, not dangerous, driving. Another joke prosecution and sentence. 

 

the charge must have been downgraded as the driver was arrested on death by dangerous, even the Beeb report is still quoting his conviction as death by dangerous, but with no witnesses to the crash, the CPS must have chosen to go for the conviction on careless, rather than the trial on dangerous, as the driver was initially claiming not guilty, and we all know the likely outcome of a jury trial on dangerous driving with a minimum 2 years in prison in the offing.

but anyone not familar with the location, that road is by Newmarket racecourse, its pan flat and straighter than a roman road for more than a mile, how you could not see anyone on a bike on that road, words just fail me on that.

It's actually the old A11 that runs practically dead straight from Six Mile Bottom to Newmarket Heath.

 

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Awavey replied to A V Lowe | 6 years ago
0 likes

A V Lowe wrote:
Awavey wrote:

but anyone not familar with the location, that road is by Newmarket racecourse, its pan flat and straighter than a roman road for more than a mile, how you could not see anyone on a bike on that road, words just fail me on that.

It's actually the old A11 that runs practically dead straight from Six Mile Bottom to Newmarket Heath.

tbf it was 40+ years ago they built the bypass  1 and arguably the A11 is near enough straight all the way from Newmarket to Norwich, it is an old roman road or follows the route at least, also why there tends to be alot of speeding, quite common to read of cases of people hitting 130mph along stretches of the A11 both in Norfolk and Suffolk.

none of which changes that no-one should be able to use a sorry didnt see you excuse on that road at all.

 

 

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