Father feels he was denied justice over son’s death.

[Cycleops]

A father saw his son’s killer walk free from court after a 74 year old driver was convicted of causing death by careless driving by failing to swerve to avoid cyclist David Jones feels he should of been convicted of the more serious charge of causing death by dangerous driving.

https://www.bbc.co.uk/news/uk-wales-65087228

 

[Slick]

Have to say, I do agree with him, but nothing would ever bring his son back so no sentence would likely ever bring the family comfort. Being told over the phone that you are 99% certain your boy is dead just seams unbelievable to me as well, I'd be complaining about that as well. Another tragedy.

 

[Drago]

Personally I don't believe in this hierarchy or careless or dangerous. You are either driving safely and diligently, or you are not. Taking a life on the road should be a mandatory custodial sentence, and lifetime revocation of any licence. Society treats road crime with appalling leniency, almost if its somehow a bit forgivable or understandable, like whoops-a-daisy it could happen to any driver through no real fault of their own.

But I'm preaching to the choir here. Slick hits the nail on the head.

 

[Kingfisher101]

They try to keep people out of prison if at all possible the cost being a major factor.
Its really bad I agree but he will have it on his concience for the rest of his life and everyone will know what hes done as well. I personally think as well that over the age of 65 people should have to resit the driving test every couple of years and under this every 5 years. A lot of elderly people cant even see properly and are in total denial about it. My neighbour drives hes in his mid - late 80s and its disgracefull. He can hardly walk up the path and is bent double and is very frail. Hows that right?
It does put you off cycling,I think you are better off doing off road rides if you are able to.

 

[Alex321]

They try to keep people out of prison if at all possible the cost being a major factor.
Its really bad I agree but he will have it on his concience for the rest of his life and everyone will know what hes done as well. I personally think as well that over the age of 65 people should have to resit the driving test every couple of years and under this every 5 years. A lot of elderly people cant even see properly and are in total denial about it. My neighbour drives hes in his mid - late 80s and its disgracefull. He can hardly walk up the path and is bent double and is very frail. Hows that right?

How is it wrong?

How well you can walk or get about generally has little impact on your ability to drive.

If he also can't see properly, that is another matter, of course. But you haven't suggested that is a problem with him.

 

[Alex321]

Have to say, I do agree with him, but nothing would ever bring his son back so no sentence would likely ever bring the family comfort. Being told over the phone that you are 99% certain your boy is dead just seams unbelievable to me as well, I'd be complaining about that as well. Another tragedy.

What would you expect the copper to say? It wasn't the police phoning his parents to say he'd been killed, it was the parents phoning his mobile, which was picked up by a copper on the scene.

It isn't good, but when asked "is he OK?", I'm not sure he could have said much else really. Any other response would have been false, and unlike when the police initiate the notification, he didn't have time to prepare for an "easy" way to break it.

 

[Deleted member 1258]

They try to keep people out of prison if at all possible the cost being a major factor.
Its really bad I agree but he will have it on his concience for the rest of his life and everyone will know what hes done as well. I personally think as well that over the age of 65 people should have to resit the driving test every couple of years and under this every 5 years. A lot of elderly people cant even see properly and are in total denial about it. My neighbour drives hes in his mid - late 80s and its disgracefull. He can hardly walk up the path and is bent double and is very frail. Hows that right?
It does put you off cycling,I think you are better off doing off road rides if you are able to.

Once you hit 70 you have to renew your licence, and then you have to renew your licence every 3 years, as part of that you have to self certify you are fit and can still see, making it compulsory to have a medical and an eye test would weed out a lot who should stop driving.

 

[markemark]

Once you hit 70 you have to renew your licence, and then you have to renew your licence every 3 years, as part of that you have to self certify you are fit and can still see, making it compulsory to have a medical and an eye test would weed out a lot who should stop driving.

The 70+ age category is not the one that causes the most deaths but has the greatest restrictions.

 

[Arjimlad]

Keir Gallagher's comments are spot on and this case demonstrates how leniently the law treats "careless" drivers who kill. The fact that the driver could see the chap for seven seconds and still did nothing to avoid killing him should point to dangerous rather than careless driving. So often the charge is downgraded to careless to make a conviction more likely/accept a guilty plea. In this case the driver pleaded NG all the way to trial and was found guilty by a jury.

The article is well written with some useful links to the sentencing guidelines and CPS charging standards, which explain how the Judge felt able to suspend the sentence.

We need to continue to report every close pass, every risky overtake and every distracted phone-using driver we can in the hope they learn to take more care around others.

 

[Cycleops]

I think it’s very difficult to comment from here as we haven’t heard all the evidence and seen videos or whatever else.
The drivers reactions were slow and too late, that’s all we know. A man has lost his son due to someone else’s negligence so he’s bound to be upset the driver has seemingly ‘got away with it’. Without knowing everything it’s impossible to say if he’s right.

 

[glasgowcyclist]

Being told over the phone that you are 99% certain your boy is dead just seams unbelievable to me as well

That struck me too. What a thoughtlessly cruel thing to say. He could have said he didn’t know but would ascertain as soon as possible, or that medics were attending to him and he would find out. To blurt out what he did was very unprofessional.

 

[Kingfisher101]

How is it wrong?

How well you can walk or get about generally has little impact on your ability to drive.

If he also can't see properly, that is another matter, of course. But you haven't suggested that is a problem with him.

Because hes also away with the fairies and rants and raves like Victor Meldrew.

 

[mjr]

The 70+ age category is not the one that causes the most deaths but has the greatest restrictions.

Do you have the data handy?

 

[All uphill]

That struck me too. What a thoughtlessly cruel thing to say. He could have said he didn’t know but would ascertain as soon as possible, or that medics were attending to him and he would find out. To blurt out what he did was very unprofessional.

I understand your point of view, but disagree.

I would be furious if I was given a misleading or inaccurate answer to such a serious question. Nothing less than honesty would be acceptable.

Maybe shows there is no 'right answer.

 

[oldwheels]

They try to keep people out of prison if at all possible the cost being a major factor.
Its really bad I agree but he will have it on his concience for the rest of his life and everyone will know what hes done as well. I personally think as well that over the age of 65 people should have to resit the driving test every couple of years and under this every 5 years. A lot of elderly people cant even see properly and are in total denial about it. My neighbour drives hes in his mid - late 80s and its disgracefull. He can hardly walk up the path and is bent double and is very frail. Hows that right?
It does put you off cycling,I think you are better off doing off road rides if you are able to.

I have difficulty walking and admit to being 87 with a blue badge. I can ride my trike perfectly well and am a better driver IMO than many of the touroid we have here who cannot judge the width of their vehicles. They have driven considerable distances to get here and it amazes me that they manage that unscathed.