http://citycyclingedinburgh.info/bbpress/ CityCyclingEdinburgh Forum » Topic: Drink driver was three times the limist when he killed cyclist en Wed, 13 May 2026 04:27:29 +0000 http://citycyclingedinburgh.info/bbpress/topic.php?id=1361#post-14116 Thu, 07 Oct 2010 10:15:54 +0000 chdot 14116@http://citycyclingedinburgh.info/bbpress/ <p><a href="http://edinburghnews.scotsman.com/topstories/Devastated-family-reveal-heartbreak-over.6569807.jp" rel="nofollow">http://edinburghnews.scotsman.com/topstories/Devastated-family-reveal-heartbreak-over.6569807.jp</a> </p> http://citycyclingedinburgh.info/bbpress/topic.php?id=1361#post-14114 Thu, 07 Oct 2010 10:12:03 +0000 LaidBack 14114@http://citycyclingedinburgh.info/bbpress/ <p><strong>rugtommcat</strong> <em>thats the stuff i dont like hearing about,</em></p> <p>Was in two minds to post. Intention wasn't to confirm that roads are 'dangerous' to walk or cycle on. That's what many want you to believe... </p> <p>In my view excessive speed and reckless overtaking is a common thread in many 'accidents'. Other factors are drink, drugs (and poor eyesight). Then there's impatience fueled by an unrealistic expectation about how long a journey should take. Maybe judging how long it takes to get between places should be part of the test? </p> http://citycyclingedinburgh.info/bbpress/topic.php?id=1361#post-14113 Thu, 07 Oct 2010 10:06:05 +0000 Wilmington's Cow 14113@http://citycyclingedinburgh.info/bbpress/ <p>Exactly, my first instinct was '5 years, that's reasonably hefty' - but I was comparing that to previous recent non-custodial slaps on the wrist. But compared to the maximum that could have been handed down, it starts to look paltry.</p> <p>Heavily drinking the night before, then continuing the next day, then driving? That warrants a custodial sentence that is 30% of the maximum? What on earth would you have to do to get 14 years??? </p> http://citycyclingedinburgh.info/bbpress/topic.php?id=1361#post-14095 Thu, 07 Oct 2010 00:08:29 +0000 Dave 14095@http://citycyclingedinburgh.info/bbpress/ <p>A lot of legalese is weird - like the fact that you can be 'done' for killing someone through careless driving because what you didn't wasn't bad enough to be considered "dangerous" (despite the result being a manslaughter).</p> <p>Yet, I'm mindful that they could just rebrand it '2nd degree dangerous driving' and really, it's the sentences not the name of the offence which are important. </p> <p>Unfortunately those are often ridiculous too!</p> <p>Mind you in this case, when you consider that Stephen McKay killed a man near Dunfermline by driving on the wrong side of the road at 50% over the speed limit and didn't even get a custodial sentence at all - 5 years seems reasonable by comparison.</p> <p>ADMIN EDIT - </p> <p><a href="http://news.bbc.co.uk/1/hi/scotland/edinburgh_and_east/8660564.stm" rel="nofollow">http://news.bbc.co.uk/1/hi/scotland/edinburgh_and_east/8660564.stm</a> </p> http://citycyclingedinburgh.info/bbpress/topic.php?id=1361#post-14049 Wed, 06 Oct 2010 17:51:24 +0000 ruggtomcat 14049@http://citycyclingedinburgh.info/bbpress/ <p>thats the stuff i dont like hearing about, as i am often on my own on smaller roads. Dusk is dangerous time.. </p> http://citycyclingedinburgh.info/bbpress/topic.php?id=1361#post-14047 Wed, 06 Oct 2010 17:37:56 +0000 LaidBack 14047@http://citycyclingedinburgh.info/bbpress/ <p>I don't know... this one also caught my attention today.</p> <p><a href="http://www.bbc.co.uk/news/uk-scotland-glasgow-west-11484326" rel="nofollow">http://www.bbc.co.uk/news/uk-scotland-glasgow-west-11484326</a></p> <p>This time a pedestrian hit by a van overtaking an Audi.<br /> 7.30 in evening. </p> http://citycyclingedinburgh.info/bbpress/topic.php?id=1361#post-14046 Wed, 06 Oct 2010 17:19:07 +0000 Wilmington's Cow 14046@http://citycyclingedinburgh.info/bbpress/ <p>Yes, but it raises another point. If he <em>did</em> bargain down from 'dangerous' driving by pleasding guilty, why then should that guilty plea <em>also</em> get a reduction in the custodial sentence in the new, lesser, offence? </p> http://citycyclingedinburgh.info/bbpress/topic.php?id=1361#post-14045 Wed, 06 Oct 2010 17:15:05 +0000 Min 14045@http://citycyclingedinburgh.info/bbpress/ <p>Oops sorry, just realised this has already been discussed. Should have looked back at previous posts. </p> http://citycyclingedinburgh.info/bbpress/topic.php?id=1361#post-14044 Wed, 06 Oct 2010 17:08:55 +0000 Min 14044@http://citycyclingedinburgh.info/bbpress/ <p>"The motorist admitted driving at excessive speed, swerving about the road, failing to negotiate a bend and crossing onto the opposite carriageway"</p> <p>And yet again, driving in this fashion is merely "without due care and attention" and not dangerous in any way.</p> <p>?????? </p> http://citycyclingedinburgh.info/bbpress/topic.php?id=1361#post-14043 Wed, 06 Oct 2010 16:45:41 +0000 Wilmington's Cow 14043@http://citycyclingedinburgh.info/bbpress/ <p>With a comment that he would have got 7 years but for the guilty plea.</p> <p>In relation to the maximum possible sentence, and the amount he was over the limit and the recklessness involved in that it seems... low. But unsurprising. </p> http://citycyclingedinburgh.info/bbpress/topic.php?id=1361#post-14042 Wed, 06 Oct 2010 16:43:35 +0000 chdot 14042@http://citycyclingedinburgh.info/bbpress/ <p><a href="http://edinburghnews.scotsman.com/topstories/Drink-driver-jailed-after-killing.6567752.jp" rel="nofollow">http://edinburghnews.scotsman.com/topstories/Drink-driver-jailed-after-killing.6567752.jp</a></p> <p>5 years </p> http://citycyclingedinburgh.info/bbpress/topic.php?id=1361#post-12785 Wed, 08 Sep 2010 23:40:59 +0000 kaputnik 12785@http://citycyclingedinburgh.info/bbpress/ <p><em>p.s. he pleaded guilty, it's likely he was initially charged with Causing Death by Dangerous Driving but bargained it down with a guilty plea. Possibly. </em></p> <p>seems to me like you shouldn't get "time off" for admitting your crime, rather you should get "extra time" for not admitting it </p> http://citycyclingedinburgh.info/bbpress/topic.php?id=1361#post-12780 Wed, 08 Sep 2010 19:37:03 +0000 chdot 12780@http://citycyclingedinburgh.info/bbpress/ <p>That's this one -</p> <p>"Cyclist dies after crash with car in Kirkliston"</p> <p><a href="http://citycyclingedinburgh.info/bbpress/topic.php?id=930" rel="nofollow">http://citycyclingedinburgh.info/bbpress/topic.php?id=930</a> </p> http://citycyclingedinburgh.info/bbpress/topic.php?id=1361#post-12767 Wed, 08 Sep 2010 16:30:19 +0000 Wilmington's Cow 12767@http://citycyclingedinburgh.info/bbpress/ <p>p.s. he pleaded guilty, it's likely he was initially charged with Causing Death by Dangerous Driving but bargained it down with a guilty plea. Possibly. </p> http://citycyclingedinburgh.info/bbpress/topic.php?id=1361#post-12766 Wed, 08 Sep 2010 16:29:21 +0000 Wilmington's Cow 12766@http://citycyclingedinburgh.info/bbpress/ <p>It's likely the specific offence of Causing Death by Careless Driving While Under the Influence, which carries a maximum of 14 years (but anything from 12 month up to that). I wouldn't put any money on the sentence being anywhere near the max... </p> http://citycyclingedinburgh.info/bbpress/topic.php?id=1361#post-12753 Wed, 08 Sep 2010 15:41:53 +0000 Dave 12753@http://citycyclingedinburgh.info/bbpress/ <p>I don't understand - was he just charged with driving without due care (and being under the influence) as opposed to "death by dangerous"?</p> <p>Surely doing 70mph on the wrong side of the road while drunk, must count as dangerous even in an Edinburgh court!</p> <p>Still, it says he could get 14 years which is about the length of an actual life sentence, so maybe just cruddy reporting.</p> <p>Bet he goes down for &lt; than 4 years. </p> http://citycyclingedinburgh.info/bbpress/topic.php?id=1361#post-12738 Wed, 08 Sep 2010 13:58:26 +0000 kaputnik 12738@http://citycyclingedinburgh.info/bbpress/ <p><em>I'm off to buy a Jeep... </em></p> <p>And you thought a dutch bike would be hard to pedal up Gilmerton Road! </p> http://citycyclingedinburgh.info/bbpress/topic.php?id=1361#post-12736 Wed, 08 Sep 2010 13:45:01 +0000 spitfire 12736@http://citycyclingedinburgh.info/bbpress/ <p>I'm off to buy a Jeep... </p> http://citycyclingedinburgh.info/bbpress/topic.php?id=1361#post-12733 Wed, 08 Sep 2010 13:39:23 +0000 steveo 12733@http://citycyclingedinburgh.info/bbpress/ <p>Bloody cheery round here today.... </p> http://citycyclingedinburgh.info/bbpress/topic.php?id=1361#post-12732 Wed, 08 Sep 2010 13:38:27 +0000 kaputnik 12732@http://citycyclingedinburgh.info/bbpress/ <p><a href="http://edinburghnews.scotsman.com/topstories/Drink-driver-was-three-times.6520176.jp">Drink driver was three times the limist when he killed cyclist</a></p> <p>From EEN </p>