@neddie - Yeah, but let's hope that the enthusiasm dwindles significantly in the next two years and that the prospect of the extended test puts any residual enthusiasm to bed.
CityCyclingEdinburgh Forum » General Edinburgh
Today's rubbish sentencing
(262 posts)-
Posted 6 years ago #
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Looking at the guidance the sentence does not seem that light may be the sentence guidance should be stricter
https://www.sentencingcouncil.org.uk/wp-content/uploads/Sept-2015-MCSG-pdf1.pdf
https://www.legislation.gov.uk/ukpga/1988/52/pdfs/ukpga_19880052_en.pdf
Posted 6 years ago # -
https://www.legislation.gov.uk/ukpga/1988/52/section/2A?timeline=true
correction to above post, posted out of date PDF)
Posted 6 years ago # -
A serving police officer left a trail of debris on the roads when he smashed his car through a series of roundabouts while four times the legal limit.
Officers waited until 20 minutes after his last drink before giving him a breath test, but he blew outside the tube of the device so no sample was obtained, then refused to take another test.
He was taken to Livingston Police Station where he provided a reading of 88 microgrammes of alcohol per 100 millilitres of breath – four times the legal drink driving limit.
"“Given your previous good character, the remorse you have shown and , most importantly, the profound effect on your life, including the probable loss of your job, I can deal with this case by way of a direct alternative to custody by imposing a community payback order.”
He placed O’Mara under supervision for a year with a condition that he undergo alcohol treatment, disqualified him from driving for 19 months with a condition that he resit the extended driving test and fined him GBP480."
Posted 6 years ago # -
Not even bad sentencing, bad sheriffing
http://www.eveningtimes.co.uk/news/16438761.ade-azeez-cleared-of-running-into-cyclist-with-his-car/
Posted 6 years ago # -
Wow.
I wonder if they checked that the wing mirror matched his car.
Posted 6 years ago # -
Yes, I'm sure it was sheer coincidence that he was driving along that road at that time.
If she'd said "I don't know enough about cars to say what the model was, it was expensive is all I know" and "that second letter might have been a U or a V", would that have been okay then?
The officer who chased it up was clever enough to ask the right person about it anyway.
Disgraceful sheriffing indeed.
Posted 6 years ago # -
Still, at least the cost of the wing mirror would have exceeded the likely fine said sheriff might have imposed...
Robert
Posted 6 years ago # -
That really is disgraceful. According to the web, there is no car with the registration OU64 SGJ, thus there is no chance that the witness saw a different vehicle with that registration. Sheriff should be ashamed.
Posted 6 years ago # -
According to the web, there is no car with the registration OU64 SGJ,
Is there OV64 SGJ?
I could not see that either on dvla or on the car insurance date base thing ( a car shows even with no insurance)
Posted 6 years ago # -
I wondered if the newspaper had deliberately changed the license plate so that they could demonstrate the discrepancy without giving away the actual plate for privacy reasons. But I think they'd have said if they'd done that.
Also possible that he's since scrapped the car, or got a personalised plate, which might mean that plate doesn't exist anymore.
Posted 6 years ago # -
If he had scraped the car think would generally appear I always put in a scraped cars registration to see if dvla thing is working. It may be if recently scrapped or if a certain category of write off it does not, not tried that.
Posted 6 years ago # -
Don't know if this has been posted already but an interesting programme about the CPS and their treatment of a careless / dangerous driving case.
I was watching it with an eye for "it could have been me" type bias. Which it was relatively free from, until the very end...
Posted 6 years ago # -
Whoa! Way too lenient for deliberately driving a car at folk, even if there was some provocation. Dundee, where motorists get off lightly...
---
Sheriff Alastair Carmichael imposed a community payback order with 120 hours unpaid work and banned Sutherland from driving for four months.
He further imposed a restriction of liberty order confining her to her home address every night on an electronic tag for four months.
---
https://stv.tv/news/north/1429340-woman-who-ran-over-children-outside-mcdonald-s-avoids-jail/
Posted 6 years ago # -
banned Sutherland from driving for four months
!!!
Posted 6 years ago # -
In what world does a grown woman think that the solution to some teenage bullies throwing a milkshake and insults is to mount a pavement and strike them with a tonne and a half of car?
Posted 6 years ago # -
But, but, they spat on her car, and threw a milkshake over it.
Lo. it is written: THOU SHALT NOT TOUCH THE CAR.
And the Sheriff did see the words of the Lord and was merciful.
Posted 6 years ago # -
“
“As a consequence of being struck [the victim] sustained severe injuries.
“You drove at excessive speed, above the speed limit, failed to obey a red traffic signal, and failed to have proper regard to a pedestrian.
“You accept full responsibility for your actions.”
The sheriff sentenced McCoist to a Community Payback Order, telling him to do 280 hours’ unpaid work in the community within the next 10 months.
He also placed him on a Restriction of Liberty Order which will see him under house arrest from 8pm to 5.30am every day for the next six months.
He also banned McCoist from driving for 42 months, reduced from 48 months as he admitted his guilt, and warned him he could still be jailed if he breaches the orders, adding: “It would be open to me to impose a custodial sentence.
“A Community Payback order is not a soft option.
“
http://www.heraldscotland.com/news/16685724.ally-mccoists-son-sentenced-for-high-speed-hit-and-run/
Posted 6 years ago # -
“A Community Payback order is not a soft option."
I'm afraid I disagree.
Less than 6.5 hours per week.
Posted 6 years ago # -
and meanwhile the pedestrian has had his life well and truly wrecked
Posted 6 years ago # -
https://www.bbc.co.uk/news/uk-england-manchester-45599295
We now have the price at which it's acceptable to drive at someone:
The court heard the parking attendant ended up on the car bonnet and was driven along a road for several hundred yards when he tried to stop Benbow leaving.
Benbow had refused to pay the fee - £3 for five minutes or £4 for 10 minutes - and said there were no clear signs indicating that he should.The judge said it was "no excuse" for dangerous driving but he thought it was an "absolute disgrace that people cannot deliver people to airports without paying an extraordinary amount".
"Whilst I am 100% against your behaviour and losing self control, I am 100% against the airport behaving in this manner against people who have no or little choice at dropping their families at the airport in this way," he said.Posted 6 years ago # -
No mention of a driving ban, or even penalty points. Presumably mandatory with a dangerous driving conviction?
Posted 6 years ago # -
The judge is a disgrace if he equates the minor inconvenience of paying a drop-off fee with using a motor vehicle as a weapon in a manner which could have caused serious injury or death.
Posted 6 years ago # -
“
A student who left a biker in intensive care for six weeks, hospitalised for eight months and with life changing injuries after ploughing his car head-on into his victim’s motorcycle has been fined just £600 and dodged a road ban.
“
Posted 6 years ago # -
From @chdot's link...
“The injuries sustained were entirely disproportionate to the level of carelessness that you displayed,” he (Sheriff Alastair Carmichael)told him.
Says it all really.
Posted 6 years ago # -
I would have thought that the injuries sustained were entirely proportional to being driven at by someone on the wrong side of the road. How much less would anyone expect them to be?
Posted 6 years ago # -
"Oliver walked away without serious injury" that doesn't seem in proportion to hitting something with enough force to roll your car.
Posted 6 years ago # -
I'd surmise the roll occurred due to going down the banking but don't know the road well enough to be sure.
"Without serious injury" is exactly what the modern car is designed to achieve in these circumstances. And the reason why American motorcyclists refer to dopey motorists as "cagers" - they drive knowing they are unlikely to be hurt in their protective cage when hitting a two wheeler, so why bother.
Posted 6 years ago # -
I notice from the photo that he still isn't looking where he is going.
Posted 6 years ago # -
the reason why American motorcyclists refer to dopey motorists as "cagers"
That's been common usage here too since the early 2000s.
Posted 6 years ago #
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