CityCyclingEdinburgh was launched on the 27th of October 2009 as "an experiment".
IT’S TRUE!
CCE is 16years old!
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RULES No personal insults. No swearing.
So we've seen people kill pedestrians and cyclists with their cars, have a 'dangerous' driving charge downgraded, escape jail time, and get fairly meaningless community service sentences, a bit of a fine and a short ban.
Well... If you hit a police officer (not killing him, but causing severe injury) you can get 7 years behind bars and a ten year driving ban...
I am delighted when any dangerous driver is incarcerated and taken off the road.
But... disregarding the miscreant's unbelievably callous actions after the crash, in what way was his driving up to and including the incident worse than the bottom two cases?
'He spotted Tait’s car veering across into his carriageway.
Advocate depute Lynsey Rodger told the High Court in Glasgow yesterday: “Tait did not brake and did not make any attempt to avoid colliding.”'
Result: 7.25 yrs jail + 10 year driving ban
'Ms Ruta told the court: "A witness observed the accused's lorry start to drift slowly to the left towards the entrance of the layby.
"That witness had a clear view of the lorry and could see the car parked in the layby. He thought the lorry was going to hit the car because it did not slow down and the brake lights did not come on.
"He saw the accused's lorry plough into the back of the car, propelling it into the air. He saw it turn over before coming to rest on its roof."
Mr Trimble was declared dead at the scene.
Ms Ruta said the lorry's tacograph showed it had gradually slowed down before the impact, but the brakes were only applied two seconds after the vehicles collided.
"There were no mechanical defects. The driver would have had a clear view of the layby for 32 seconds before impact."'
http://www.bbc.co.uk/news/uk-scotland-tayside-central-35916754
Result: 300hrs community service + 2.5 yr driving ban
'Houston veered into the path of a car driven by Polish tourist Zbigniew Suski – who had to take evasive action – before hitting the Jeep, Inverness Sheriff Court heard yesterday.
Giving evidence on the first day of the trial, Ursula, 59, of Duisburg, Germany, said she had a split second to decide between steering left and hitting the Peugeot that was in front of her or trying to avoid the oncoming Audi by steering right.'
http://www.mirror.co.uk/news/uk-news/wife-tells-how-split-second-7290215
Result: cleared of causing the deaths of three people by careless driving, convicted of a reduced charge of careless driving, fined £1,000 and disqualified from driving for a year.
Can we all be made polises and thereby get some protection from the law?
Well... If you hit a police officer (not killing him, but causing severe injury) you can get 7 years behind bars and a ten year driving ban"
I would imagine there must have been some Aggravating factors as otherwise it may be claimed the sentence excessive, this is from the http://www.cps.gov.uk/legal/s_to_u/sentencing_manual/dangerous_driving/
Although in England imagine there would not be such great disparities in sentencing.
R v Gray [2008] 2 Cr.App.R.(S.) - the criminality of the driving itself was at the lower end although it was a bad piece of driving. D collided with a motorcycle and the motorcyclist suffered severe injuries including the amputation of his leg. It was right to take into consideration the consequences of the dangerous driving and for this reason it was necessary to pass a custodial sentence however 13 months detention was reduced to 8 months.
There really is an astonishing inconsistency in sentencing / charging.
This is an interesting one though - drink driver who tried to argue the forfeiture of his car was disproportionate has lost his appeal (that said, eh comes from a 'wealthy' family who had already bought him a new one).
Not just any old car -
The guy who killed his own wide and daughter, plus a stranger: "The 48-year-old solicitor advocate from Edinburgh denies driving carelessly by crossing on to the opposite carriageway."
Well, maybe that made a difference. He presumably knew where to find a good defence brief, knew how the best tactics to use to avoid a custodial sentence, etc. Doesn't make it right, but it might help explain the way he got off Scot free.
As for the lorry driver, the Sheriff must be a very Christian fellow to show such clemency.
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