Emma on Way to court

[Hip Priest]

How is it possible to water down failing to stop? You either stopped or you didn't? (This is a genuine question by the way not a snarky comment)

As it was a sportive, she could argue that she feared repercussions from a huge mob of angry riders.

 

[livpoksoc]

How is it possible to water down failing to stop? You either stopped or you didn't? (This is a genuine question by the way not a snarky comment)

She claimed she put the brakes on, saw the cyclist carry on so she drove off too

 

[PedalCat]

She didn't even punctuate between "I have right of way" and "he doesn't even pay road tax"! Send her down.

 

[hobbitonabike]

Ok some of those are fair enough. But she wouldn't get away with the not realising one,seen as she bragged about knocking him off.

 

[classic33]

46 points!?

How the f*ck does he get any insurance?

GC

That comes from one of the many insurance companies set up purely for taxi/private hire drivers. He does need to get his brake lights fixed though. And his passenger side sliding door, replace the rear winscreen with something other than cling film. Insurance is way down his list.

 

[Pale Rider]

How is it possible to water down failing to stop? You either stopped or you didn't? (This is a genuine question by the way not a snarky comment)

There are degrees of seriousness of any offence, which is reflected in the sentence.

If Ms Way pleads guilty/is convicted of failing to stop, she will want the circumstances of the offence to be as least serious as possible to get the lowest sentence

Bad driving makes the offence worse, as does the seriousness of the collision.

Thus if she can engineer not guilty to careless, there is no bad driving and the sentence for the failing to stop will be lower.

I expect everyone will accept the collision was very minor, so she's OK on that point.

 

[classic33]

There are degrees of seriousness of any offence, which is reflected in the sentence.

If Ms Way pleads guilty/is convicted of failing to stop, she will want the circumstances of the offence to be as least serious as possible to get the lowest sentence

Bad driving makes the offence worse, as does the seriousness of the collision.

Thus if she can engineer not guilty to careless, there is no bad driving and the sentence for the failing to stop will be lower.

I expect everyone will accept the collision was very minor, so she's OK on that point.

Well if forcing someone into the ditch at the side of the road is a minor collision. Whats a major one. Note she never stopped to check if the other party involved was ok.

Still waiting on someone to say has she at any point asked how the person she collided with was ok. All I've seen has been about herself.

 

[classic33]

We need to wait and see quite how well that description of events holds up under cross examination.

It was meant more as a question to Pale Rider, who said "the collision was very minor".

 

[Pale Rider]

It was meant more as a question to Pale Rider, who said "the collision was very minor".

I believe the most likely account we have at present is the collision amounted to clipping the car door mirror.

After all, Ms Way was not bleating about damage to her precious car, which she surely would have done if there was any.

On any view, that is a minor collision as collisions go.

None of us has seen the interview transcripts and statements, so that could change.

And as Adrian says, events could take another turn when the parties - particularly the two cyclists - are cross-examined.

 

[classic33]

Ending up going through the ditch would hardly be minor, for the person forced of the road.
Attitudes need changing with regards what you can & cannot do as a driver to another road user. And this seems to be the perfect test case, for all who use the roads. She gets off, it'll be "open season" on everyone.
I've seen two riders mentioned & a group of riders mentioned, which was it. She was also on the wrong side of the road, by her own admission. The rider disappearing off the road to her right, would place her on the right-hand side of the road. Not the left(correct) side.
Was it speed that carried her over to that side of the road or possible use of a handheld mobile phone whilst driving? Both she's shown she's done in the past.

 

[classic33]

Slap on the wrist, naughty girl, don't do it again. Is what I 've been expecting to be the outcome from the start. More so since she appeared on national TV & a couple of magazines. So it'd be hard to disappoint in this case.

 

[ohnovino]

I think she'll get off.

The big problem for the prosecution is that the cyclist didn't bother reporting the incident until after the Twitter-storm blew up. That makes it very easy for the defence to play down the incident ("if the injured party didn't even think it's worth reporting, then can you blame Emma for feeling the same way?") and to paint the cyclist as motivated by greed (therefore totally undermining his version of events).

(BTW I'm not saying he was wrong not to report it - I'm sure he just thought the police wouldn't do anything about it anyway)

 

[classic33]

If he had gone to report it as soon as possible, what information could he have given about the vehicle & driver that failed to stop.

 

[classic33]

That it occurred. Place and time, driver description, make, model, colour, partial reg. maybe.

Most forces wouldn't even bother giving a log number for that amount of information, let alone take a report.
Thats part of the problem. We are not seen by many as actual, legal road users, and because of that their responsibilities towards us are lower. This case has the power to change that though.

 

[EltonFrog]

If he had gone to report it as soon as possible, what information could he have given about the vehicle & driver that failed to stop.

That it occurred. Place and time, driver description, make, model, colour, partial reg. maybe.

I might have this wrong, but if memory serves me right the cyclist did not not know who the car driver was, or what the car was, until the silly girl blurted the news all over twitter. Only then was he able to report that it was he who was hit by the car.