2000$ fine fatal accident

[Nedroj]

She has to live with what happened for the rest of her Life, that alone should be punishment enough

*bleep*, no that isnt enough.

You could use that excuse for a lot of criminals these days.

Do you feel the woman that was drunk driving in Vernon, ran through a red light and killed one nurse, and seriously injured another nurse shouldn't have received jail time because she was ostracized on social media and by her peers?

What about William Pickton, Im sure if he ever gets out of jail he will be ostracized by everyone around him.

If you start with one it will only lead to that same excuse used by other more serious criminals.

[ok-weezy]

She has to live with what happened for the rest of her Life, that alone should be punishment enough

*bleep*, no that isnt enough.

You could use that excuse for a lot of criminals these days.

Do you feel the woman that was drunk driving in Vernon, ran through a red light and killed one nurse, and seriously injured another nurse shouldn't have received jail time because she was ostracized on social media and by her peers?

What about William Pickton, Im sure if he ever gets out of jail he will be ostracized by everyone around him.

If you start with one it will only lead to that same excuse used by other more serious criminals.

I agree with you and Tankur. People used to go to jail for what your all now referring to as "accidents". Because she didn't set out that morning with an intention to kill does not mean she should not be punished. I'm not buying into "she's and her family have suffered enough" bs. A fine is a slap on the wrist to her and a slap on the face to the family of the deceased.

[normaM]

k, so what difference would jail time have made in this case?

[ash71]

I would want more info on this to make a real comparison...

Ya sure, so It was about 2 am I had been driving from Vancouver to Surrey doing about 120 kmh on king George highway. I missed a turn and drove into a business. It was raining, I was an inexperienced driver. Obviously going way too fast. I served the 45 days in jail after being in the hospital, being the only one injured in the accident. I was fined for damages to the business. Then given 10 year driving prohibition for having all of that happening with an L on the graduated drivers licensing program. So for making that mistake essentially the next 15 years of my life was me catching up , paying off and working towards getting my license back , which I have now had for over 15 years. With nothing against it . Until a speeding ticket this year on my bike. I’m not complaining about what I went through due to my mistake. But this just blew me away. Right away. 2000$ fine for killing someone. The poor man’s family. This chick, was the first structural fire fighter in Kelowna. I m sure her being in that role helped. The judges decision to not charge or fine her more severely. Makes no sense to me at all.

It does sound like you were disproportionately punished...HOWEVER you were not just speeding but excessive speeding in the rain as a kid. That's just you being stupid and likely you were fully aware of the laws you were breaking...after all, you only had your L (btw how was your passenger?). But just because you were punished "too much" you think everyone should be too?

I don't know who's right or wrong here, but I do think that persecuting a young person for a terrible error is not going to help anyone.

[ash71]

She has to live with what happened for the rest of her Life, that alone should be punishment enough

*bleep*, no that isnt enough.

You could use that excuse for a lot of criminals these days.

Do you feel the woman that was drunk driving in Vernon, ran through a red light and killed one nurse, and seriously injured another nurse shouldn't have received jail time because she was ostracized on social media and by her peers?

What about William Pickton, Im sure if he ever gets out of jail he will be ostracized by everyone around him.

If you start with one it will only lead to that same excuse used by other more serious criminals.

Ya but she's not a criminal...it's not a crime to cross a line on the road. The accident was just that, an accident. She wasn't drunk, she's not a serial killer. Your comparisons make no sense.

[the truth]

*bleep*, no that isnt enough.

You could use that excuse for a lot of criminals these days.

Do you feel the woman that was drunk driving in Vernon, ran through a red light and killed one nurse, and seriously injured another nurse shouldn't have received jail time because she was ostracized on social media and by her peers?

What about William Pickton, Im sure if he ever gets out of jail he will be ostracized by everyone around him.

If you start with one it will only lead to that same excuse used by other more serious criminals.

Ya but she's not a criminal...it's not a crime to cross a line on the road. The accident was just that, an accident. She wasn't drunk, she's not a serial killer. Your comparisons make no sense.

easy to say, what if she had killed , your wife or son or mother or father etc etc

[Nedroj]

k, so what difference would jail time have made in this case?

It would give the victim's family a sense of actual justice being done. Instead, they get slapped in the face and told to move on.

This is why I feel this way.

Road Conditions were not a factor in the crash.
It was in a hairpin corner with a posted speed limit of 30km/hr
It was well-lit with warning lights and to be honest, is pretty hard to miss from either side.
Alcohol and drugs were not a factor in the crash.

So if it wasn't road conditions that caused the crash, and the driver wasn't impaired or speeding, then how did she cross the centerline in a well-lit and marked hairpin corner with a drastically reduced speed limit? That doesn't give me a lot of confidence that she won't make this same mistake again and another person loses their life. Perhaps next time it will be in a 30 km/hr school zone and a kid gets killed.

For example, If the road was slippery due to ice and that was the cause of the "accident" and someone died, then for sure she shouldn't get jail time as it was an accident and only should receive the maximum fine for driving without care and attention and maybe lose her license for 6 months.

[Jlabute]

I agree with you and Tankur. People used to go to jail for what you're referring to as "accidents".

Because she didn't set out that morning with an intention to kill does not mean she should not be punished. I'm not buying into "she's and her family have suffered enough" bs. A fine is a slap on the wrist to her and a slap on the face to the family of the deceased.

Many people used to not go to jail for "accidents" too. I am glad Tankur shared with us. The outcome depends on appropriate representation, past records, cooperation with the investigation, the judge, etc. How the justice system works is a mystery sometimes, but what may appear unfair to some is usually embedded in the details. The difference between negligence and recklessness is the degree of blame.

Vehicular homicide due to negligence is a misdemeanor. Negligence is not the same as criminal negligence.

[my5cents]

Bear with me I'm playing catch up here......

“Will be interested to see if she’s ever allowed to drive again”

??? It’s a 6 point ticket, the charge is a Motor Vehicle Act violation, what do you think ? Likely no suspension of very little.

“I’m sure the family can sue her.”

Oh no, not that !!!! She’s smashed up the car she was driving, so there’s already a claim for that. Her ICBC premiums (claims rated scale) will go up, doesn’t matter if the cost of the claim is $500 or $5 million it goes up the same. Ah,,are you aware of who would be paying and award in a law suit ? Right ICBC. and… who is ICBC ? the motoring public, that’s who (us). A law suit won't cost her a cent or affect her any more than the claim for the damages on the car she was driving.

“The police ruled out speed, drugs, alcohol….”

There are special signs prior to the curve in each direction. A large yellow sign with two flashing yellow lights and the words “30 KM/H” and a curve graphic. If she couldn’t control her vehicle around that corner IF travelling 30 km/h, stupidity should be a criminal offense.

“I don’t know if there was rain…”

Ah, the “vehicle” the victim was operating was a motorcycle. If there was such a problem with traction on the roadway, travelling 30 km/h the vehicle having the problem would be the motorcycle not the car.

I think that's the big issue here, that corner is very tight and you have to slow down to at least 30kms an hour to make that turn even in a sport-tuned sports car let alone a normal-sized truck. Saying this is an accident and that "Speed wasn't a factor" is a complete lie. If this lady was going at a safe speed then she wouldn't have lost control of her vehicle and crossed the centerline.
……
If she can't even keep control of her SUV while supposedly doing the speed limit, then she shouldn't have a driver's license ever again.

Finally ! YES !

Some of you people are completely out to lunch. They're called accidents. Non-intentional. Everybody has accidents. Should we put everybody in jail.. but yet half of you want to go easy on drug addict to choose to steal and violently hurt Society on purpose. You can't have it both ways..

Actually they aren’t called “accidents” anymore. We’ve moved on. They are called "incidents". At some point in life when the lack of care (negligence) reaches a certain level it becomes criminal.
Simply not intending to cause harm, doesn’t absolve everything. Disobeying a slow to 30 km/h sign is reckless, when someone ignores a known or obvious risk, or disregards the life and safety of others that is criminal. Even if you are a young girl.

Yup, that is why she was fined. She owned up to the accident and agreed it was her fault. People cut corners a thousand times a day in Kelowna …………….. She took her lumps and will feel guilty for a long time. Any death is a tragedy, but it is better to lose one person instead of two.

Oh, well, if she’s sorry , then all is great. So sad that she “will feel guilty for a long time”. Just how long will the person obeying the law riding his M/C be dead ? Oh, yes “she took her lumps”, gee $2000 fine, no jail,, yes quite the lump.
Wow, “she agreed it was her fault”,,, that was big of her. Do you think the fact that the point of impact (evidence) put her on the wrong side of the roadway has anything to do with that ?

Manslaughter implies an intention to do harm still...this was NOT manslaughter, look it up.

As you say "look it up", let’s read this together, shall we ?

• • Homicide
  • 222 (1) A person commits homicide when, directly or indirectly, by any means, he causes the death of a human being.
  
  (2) Homicide is culpable or not culpable.
  
  (3) Homicide that is not culpable is not an offence.
  
  (4) Culpable homicide is murder or manslaughter or infanticide.
  
  (5) A person commits culpable homicide when he causes the death of a human being,
  (a) by means of an unlawful act;
  (b) by criminal negligence;
  (c) by causing that human being, by threats or fear of violence or by deception, to do anything that causes his death; or
  (d) by wilfully frightening that human being, in the case of a child or sick person.
  
  • Manslaughter
  234 Culpable homicide that is not murder or infanticide is manslaughter.

If the evidence reaches the threshold in Canada the charge would be Causing death by Criminal Negligence

And if you did accidentally kill someone should you be locked up?
Will the young lady have to do community service? Seems that this would be the best form of "punishment" for this offense.

Perhaps read the article again. She got a $2000 fine. The entire legal process against her was under the Motor Vehicle Act, you know the book that lays out fines for failing to stop at a stop sign, going over the speed limit. It’s a “Provincial Statue”, the very maximum sentence for anything in the MVA is by law a $2000 fine and 6 months incarceration. I don’t know when the last time anyone got the max. A woman driving farm workers in a van not equipped properly killed three and got a $2000 fine, no jail. There is no provision for "community service" that's for criminal charges.

I caused an accident at 16, no one injured. 10000$ Fine 10 year driving prohibition and 45 days in jail. 16 years old

So, the $10 G’s was damages to a building and because you had no insurance because you were in breach of your insurance because you didn’t have a license (you were a learner). You were not qualified to drive without an adult and not after midnight. As for the 45 days ? Something else you’re not telling us ? Have permission to have the vehicle ? Police chasing you ? Something is missing….
By the way ??? where does the “10000$” come from ??? Isn’t it $10,000 ???????????

For example, If the road was slippery due to ice and that was the cause of the "accident" and someone died, then for sure she shouldn't get jail time as it was an accident and only should receive the maximum fine for driving without care and attention and maybe lose her license for 6 months.

Don’t forget the other vehicle was a motorcycle, so just how “bad” could the roads be ???

Vehicular homicide due to negligence is a misdemeanor. Negligence is not the same as criminal negligence.

No such thing as, “Vehicular homicide” or “misdemeanor”, this is Canada. Criminal Negligence is “negligence”, that’s why the name of the offense is “Criminal Negligence”.

In these incidents, the results do factor into the severity of the charge. One could completely miss a red traffic light and drive through an intersection at full speed, but no cross traffic, get observed by a cop and get a red light ticket. The same thing happens and it kills a family in a vehicle crossing on the green and it could result in Criminal Negligence charges.

I suspect the police investigation was lacking for some reason. The roadway provides evidence, the “yaw” marks from the offending vehicle, the “drag factor” or “coefficient of friction”, a quality investigation should have been able to provide a speed for the offending vehicle, and I can guarantee it wasn’t ≤ 30 km/h. As a result of the MVA charge verses a Criminal Charge, our little girl won the lottery.

Financially it cost her $2000, plus an increase in her auto insurance for a few years. Had she been charged criminally she would have been on the hook for the damages to her own vehicle, and whatever award was given to the victim's family. and,,,, no, if she was in breach because of criminality ICBC would pay the award to the victim's family and chase her for what was paid. Making the $10,000 "fine" (or 10000$) to Tankur pale in comparison.

[spooker]

There are many things we can do with regards to road design so that when people make mistakes, and we know they will, it doesn't result in death ... even locally we have seen the channelized right turns at Clifton & Clement, or Gordon & Clement changed to make them less dangerous for everyone

Do we pay the cost in being slowed down a little bit on our drive or do we pay the cost in loss of life and a never-ending sense of guilt?

[dscarson]

There has been plans for a bridge bypassing that corner for years, how many people have to die before this happens. There have been quite a few. It's a nightmare in winter months too.

[MAPearce]

What about William Pickton, Im sure if he ever gets out of jail he will be ostracized by everyone around him.

Obviously .. But if you went there to compare it to this ..

You're a VERY sick and twisted person ...

You need help .. really effing bad dood ...

I hope you get it .

[normaM]

MAP, I agree with you

[Tankur]

*bleep*, no that isnt enough.

You could use that excuse for a lot of criminals these days.

Do you feel the woman that was drunk driving in Vernon, ran through a red light and killed one nurse, and seriously injured another nurse shouldn't have received jail time because she was ostracized on social media and by her peers?

What about William Pickton, Im sure if he ever gets out of jail he will be ostracized by everyone around him.

If you start with one it will only lead to that same excuse used by other more serious criminals.

Ya but she's not a criminal...it's not a crime to cross a line on the road. The accident was just that, an accident. She wasn't drunk, she's not a serial killer. Your comparisons make no sense.

The charge is vehicular manslaughter. She was fined for distracted driving. So probably cellphone use in car. Killing someone whilst being distracted while driving a car. Is a crime. She is not being charged. At all. That is a crime itself. No mention of icbc driving prohibitions and this “accident” was years ago, so what…she’s just out there on the streets driving around all Willy Nilly ??? No, that is very wrong.

[Nedroj]

What about William Pickton, Im sure if he ever gets out of jail he will be ostracized by everyone around him.

Obviously .. But if you went there to compare it to this ..

You're a VERY sick and twisted person ...

You need help .. really effing bad dood ...

I hope you get it .

You are missing the context of my response.

A poster said that just the Social Ostrazation alone is enough of a punishment for this woman and she doesn't deserve a fine or any jail time. And to that, I responded with "Lots of criminals are socially ostracized", which doesn't count as a form of punishment but merely a consequence of one's actions. and here I was just providing a couple of examples of Socially ostracized criminals that should get no remorse from the public. And neither should she.