There is no Justice in this.

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Bsuds
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There is no Justice in this.

Post by Bsuds »

http://www.castanet.net/edition/news-st ... htm#156733

In my opinion there needs to be an upgraded charge when someone dies in a car accident from anothers negligence!
To cause a death and only be charged with running a red light is just not good enough!
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gman313
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Re: There is no Justice in this.

Post by gman313 »

you must have never made a mistake. the guy was 88
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Always Sunny
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Re: There is no Justice in this.

Post by Always Sunny »

gman313 wrote:you must have never made a mistake. the guy was 88

The guy was 88 so it was ok he died? What the heck are you implying with such a statement?

The 65 year old female driver of the offending vehicle ran the red light. This poor man seems to have been at the wrong place at the wrong time. He could have been 88, 108, or 8. Why does his age matter?

To Bsuds point...this seems like a major injustice to the man who lost his life and those he left behind. Failing to yield to a red light at an intersection comes with $167 fine and two points. Improper use of the left-most lane comes with a greater penalty (same fine + 3 points).
gman313
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Re: There is no Justice in this.

Post by gman313 »

I wasn't saying he deserved to die or anything related.

I was simply suggesting a 25 year old in the exact same accident might have survived and pointing out it's not as black and white to say if someone dies the penalty should automatically be increased.

No penalty fine or jail time will change things for the family. My only hope could be that insurance serves its purpose and the family is not financially screwed (for lack of a better term)
gman313
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Re: There is no Justice in this.

Post by gman313 »

I will also say if the guy who made a mistake and ran a red light is charged for something more significant the guy who opened his car door and killed a cyclist on Bernard in Kelowna should be as well.
dodgerdodge
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Re: There is no Justice in this.

Post by dodgerdodge »

Is there not a "causing death by dangerous driving" or similar charge that would have been more appropriate? Nobody is suggesting life behind bars or 50 lashes but a significant driving ban, large fine and a driver course to regain licence or something would seem to be at least saying DO NOT run red lights its an offence and if you badly injure of kill somebody whilst doing it do not expect to carry on driving with a small slap on the wrist.
gman313
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Re: There is no Justice in this.

Post by gman313 »

dodgerdodge wrote:Is there not a "causing death by dangerous driving" or similar charge that would have been more appropriate? Nobody is suggesting life behind bars or 50 lashes but a significant driving ban, large fine and a driver course to regain licence or something would seem to be at least saying DO NOT run red lights its an offence and if you badly injure of kill somebody whilst doing it do not expect to carry on driving with a small slap on the wrist.


There is dangerous or negligent driving causing death. Usually though someone needs to be texting or speeding big time.

We simply don't know why she ran the red light.
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Re: There is no Justice in this.

Post by dodgerdodge »

gman313 wrote:
There is dangerous or negligent driving causing death. Usually though someone needs to be texting or speeding big time.

We simply don't know why she ran the red light.


Would there be an acceptable excuse for running it then? I would have thought that regardless of what she was or wasn't doing it was at the very least "neglect" on her behalf. Clearly it wasn't her intention to damage another vehicle, let alone kill someone but this doesn't send out a very good message to the driving public, IMO.
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GordonH
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Re: There is no Justice in this.

Post by GordonH »

My condolences to Family & Friends of 88 year who died.
The driver who ran a red light will have to live with fact that her actions caused the death of another person. Which can be very rough to go through.

Accountability for ones action or lack of action, still needs to happen.
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oneh2obabe
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Re: There is no Justice in this.

Post by oneh2obabe »

The Criminal Code does not have a specific offence for vehicular homicide, but has a series of provisions covering driving offences causing death, among them:

**dangerous driving causing death
**criminal negligence causing death
**failure to stop for police causing death
**street racing causing death
**impaired driving causing death
**hit and run driving causing death

The maximum penalty for dangerous driving causing death, absent any of the remaining 5 elements mentioned above, is 14 years imprisonment. The maximum penalty is otherwise life imprisonment. Anyone sentenced to life imprisonment for a Criminal Code driving offence is eligible to apply for parole after serving 7 years, but there is no guarantee of parole.
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Bsuds
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Re: There is no Justice in this.

Post by Bsuds »

My point is it should not be left at running a red light and no more. The penalty needs to be harsher because someone was killed no matter what their age.
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Donald G
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Re: There is no Justice in this.

Post by Donald G »

by Bsuds » 7 minutes ago

My point is it should not be left at running a red light and no more. The penalty needs to be harsher because someone was killed no matter what their age.


Small factors sometimes have inordinately large consequences, as in this instance. Do we as a society want to punish people according to the size of the harm resulting from our small factor, or according to the resulting harm done in instances where there is no intention to do harm at all and no mitigating factors ??

Has a person who runs through a red light through inattention without causing harm to anyone and a person who runs through the same red light through inattention and kills someone not committed the same "criminal" act ??

Should the difference between the two not be addressed in civil court, rather than criminal court ??

As in here is the traffic ticket for your small criminal (actually regulatory) wrong and here is the huge bill for the damage you caused ??
Donald G
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Re: There is no Justice in this.

Post by Donald G »

Running red lights by late timing the amber light or inattention is getting to be one of the main causes of accidents at intersections. The following thread is not from Canada but gives a good overview as to "the problem".

http://www.atsol.com/fact-sheets/
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Re: There is no Justice in this.

Post by dodgerdodge »

Donald G wrote:
Small factors sometimes have inordinately large consequences, as in this instance. Do we as a society want to punish people according to the size of the harm resulting from our small factor, or according to the resulting harm done in instances where there is no intention to do harm at all and no mitigating factors ??

Has a person who runs through a red light through inattention without causing harm to anyone and a person who runs through the same red light through inattention and kills someone not committed the same "criminal" act ??

Should the difference between the two not be addressed in civil court, rather than criminal court ??

As in here is the traffic ticket for your small criminal (actually regulatory) wrong and here is the huge bill for the damage you caused ??


But why can't you punish people according to the harm they caused? Running a red should carry stiffer sentences anyway and by that i mean heavier fines and more points, that to me is a no brainer. Then if you add to the offence a charge of "death by neglect" or something similar the fines and points should increase more. This kind of driving behaviour needs consequences but i do not believe we are talking jail time unless it was a deliberate act
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Re: There is no Justice in this.

Post by KL3-Something »

They'll have to cancel that ticket and proceed by way of Information after they forward a Report to Crown Counsel. It may end up with only a charge of Fail to Stop for Red Light, but then at least sentencing can be up to a Judge as opposed to just the ticketed fine amount.
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