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fall asleep driver avoids jail

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af1
Borekit Bruiser



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PostPosted: 23:54 - 09 Mar 2016    Post subject: fall asleep driver avoids jail Reply with quote

https://www.visordown.com/motorcycle-news--general-news/pensioner-avoids-prison-after-falling-asleep-and-hitting-motorcyclist/30950.html

Sad story , get well to the motorcyclist badly injured....
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Silver_Fox
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PostPosted: 10:24 - 10 Mar 2016    Post subject: Reply with quote

Get well that man. I hope he sees this
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Kris
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PostPosted: 10:27 - 10 Mar 2016    Post subject: Reply with quote

Sad for the rider but prison would not help here.
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Rogerborg
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PostPosted: 11:03 - 10 Mar 2016    Post subject: Reply with quote

You can make the same argument for any one-off driving failure.

Why even make it a crime then?

Gangsta Granny did at least go guilty, which shows that there's a small chance that she'll actually sit out her driving ban. I wouldn't put money on it though, as I'm not seeing any indication that she voluntarily surrendered her license.
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i1301243
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PostPosted: 11:05 - 10 Mar 2016    Post subject: Reply with quote

Jesus, it's just a biker; it's not like a person was hurt.
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lihp
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PostPosted: 11:27 - 10 Mar 2016    Post subject: Reply with quote

Based on sentences usually handed out for hitting a cyclist. This one is quite strong.
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Silver_Fox
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PostPosted: 11:27 - 10 Mar 2016    Post subject: Reply with quote

Roses are red
Grannies are blue
Watch out
Involuntary poo
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bladeblaster
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PostPosted: 12:09 - 10 Mar 2016    Post subject: Reply with quote

Hard to know what to think in these circumstances, it was an accident, she didn't deliberately fall asleep and crash into a motorcyclist.

Who can honestly say they have never driven in a 'state of tiredness'?

Doesn't help the poor sod she hit, but could he honestly say he had never driven when he was tired? Could easily have happened to many of us I am sure.
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lihp
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PostPosted: 14:40 - 10 Mar 2016    Post subject: Reply with quote

bladeblaster wrote:

Who can honestly say they have never driven in a 'state of tiredness'?


Iain
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skatefreak
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PostPosted: 15:02 - 10 Mar 2016    Post subject: Reply with quote

At her age I would say that qualifies for no longer fit to drive...
If you're in such a 'state of tiredness' or have a tenancy to nod off then you should not be driving.
Culpable dangerous driving.
Admittedly sending this coffin dodger to jail won't help but much disappoint @ 3 year ban...
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lihp
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PostPosted: 15:06 - 10 Mar 2016    Post subject: Reply with quote

skatefreak wrote:
much disappoint @ 3 year ban...


Be happy for it! It could quite easily have been "removing her license would have isolated her from society and seeing her bingo club"
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MCN
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PostPosted: 15:32 - 10 Mar 2016    Post subject: Reply with quote

bladeblaster wrote:
Hard to know what to think in these circumstances, it was an accident, she didn't deliberately fall asleep and crash into a motorcyclist.

Who can honestly say they have never driven in a 'state of tiredness'?

Doesn't help the poor sod she hit, but could he honestly say he had never driven when he was tired? Could easily have happened to many of us I am sure.


It's not called an accident now and not for a long time.
It's a RTI Road Traffic Incident (possibly even renamed since).

Not much is accidental in road traffic incident.
The court tries to find the person responsible. It's not the court's duty to dwell on the causes leading up to it as much. Though the events that are connected to it are regarded as mitigation.

If she was tired then she should not drive. She took responsibility for driving whilst tired and so is responsible for the incident.

If we are to count all incidents as accidents then no one would be blamed.
Act of God/middle eastern style logic.

And it is so complex that there is a lucrative branch of commerce built on apportioning blame and compensation.
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M.C
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PostPosted: 15:56 - 10 Mar 2016    Post subject: Reply with quote

bladeblaster wrote:

Who can honestly say they have never driven in a 'state of tiredness.

Tired yes, on the verge of falling asleep... NO! In that situation pull over somewhere and have a sleep, or if you're working tell them you're feeling unwell.

Someone at my work fell asleep, demolished a bus stop and the side of a block of flats. Unsurprisingly he got sacked Smile
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lihp
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PostPosted: 16:04 - 10 Mar 2016    Post subject: Reply with quote

M.C wrote:

Someone at my work fell asleep, demolished a bus stop and the side of a block of flats. Unsurprisingly he got sacked Smile


You work with Iain?
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bladeblaster
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PostPosted: 16:35 - 10 Mar 2016    Post subject: Reply with quote

MCN wrote:
bladeblaster wrote:
Hard to know what to think in these circumstances, it was an accident, she didn't deliberately fall asleep and crash into a motorcyclist.

Who can honestly say they have never driven in a 'state of tiredness'?

Doesn't help the poor sod she hit, but could he honestly say he had never driven when he was tired? Could easily have happened to many of us I am sure.


It's not called an accident now and not for a long time.
It's a RTI Road Traffic Incident (possibly even renamed since).

Not much is accidental in road traffic incident.
The court tries to find the person responsible. It's not the court's duty to dwell on the causes leading up to it as much. Though the events that are connected to it are regarded as mitigation.

If she was tired then she should not drive. She took responsibility for driving whilst tired and so is responsible for the incident.

If we are to count all incidents as accidents then no one would be blamed.
Act of God/middle eastern style logic.

And it is so complex that there is a lucrative branch of commerce built on apportioning blame and compensation.


I wasn't saying she wasn't to blame, and yes she is accountable, however its still an accident in my book. i.e. not deliberate, she didn't deliberately hit the motorcyclist, that would be attempted murder.

Something can still be accidental, but still have accountability.

Sometimes, not in this situation, but sometimes there really is no blame. Shit just happens.
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Chuffin Nora
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PostPosted: 18:50 - 10 Mar 2016    Post subject: Reply with quote

skatefreak wrote:
a tenancy to nod off

Otherwise known as -- in this instance -- a motel.
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Ste
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PostPosted: 19:02 - 10 Mar 2016    Post subject: Reply with quote

bladeblaster wrote:
Sometimes, not in this situation, but sometimes there really is no blame. Shit just happens.

An example of a situation where there really is no blame?
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bladeblaster
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PostPosted: 19:06 - 10 Mar 2016    Post subject: Reply with quote

Ste wrote:
bladeblaster wrote:
Sometimes, not in this situation, but sometimes there really is no blame. Shit just happens.

An example of a situation where there really is no blame?


How about a stone being thrown up smashing your windscreen causing you to loose control. Or an animal flying out of a hedge?
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Fin
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PostPosted: 19:13 - 10 Mar 2016    Post subject: Reply with quote

Ste wrote:
bladeblaster wrote:
Sometimes, not in this situation, but sometimes there really is no blame. Shit just happens.

An example of a situation where there really is no blame?


I will answer for him, A lightning strike hitting a motorcyclist who's motorcycle then hit some kittens after the motorcyclist fell off.
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-Matt-
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PostPosted: 19:19 - 10 Mar 2016    Post subject: Reply with quote

Finternet wrote:
A lightning strike hitting a motorcyclist who's motorcycle then hit some kittens after the motorcyclist fell off.
Survivable too Razz (no kittens involved on this occasion).
https://www.thedenverchannel.com/news/local-news/greeley-man-blown-off-sport-bike-by-lightning-strike


Last edited by -Matt- on 19:20 - 10 Mar 2016; edited 1 time in total
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bladeblaster
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PostPosted: 19:20 - 10 Mar 2016    Post subject: Reply with quote

No one is going to take any notice of a scary biker killing a few more kittens surely?
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Triton Thrasher
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PostPosted: 20:10 - 10 Mar 2016    Post subject: Reply with quote

bladeblaster wrote:
Or an animal flying out of a hedge?


A badger with strap-on wings?
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Triton Thrasher
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PostPosted: 20:14 - 10 Mar 2016    Post subject: Reply with quote

MCN wrote:

It's not called an accident now and not for a long time.
It's a RTI Road Traffic Incident (possibly even renamed since).



The cops are hardly the masters of the English language.

The undergrads don't read Police notebooks on arts courses at Oxford.
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bladeblaster
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PostPosted: 20:36 - 10 Mar 2016    Post subject: Reply with quote

Triton Thrasher wrote:
bladeblaster wrote:
Or an animal flying out of a hedge?


A badger with strap-on wings?


trying to escape being culled no doubt
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Silver_Fox
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PostPosted: 21:36 - 10 Mar 2016    Post subject: Reply with quote

Triton Thrasher wrote:
A badger with strap-on



Sounds like a typical Friday night in Wales
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