Hitting a Cyclist = 9 months ban from driving

■■■ LIKE I JUST LIKE HIT A GUY AND ALMOST KILLED HIM AND LIKE HE DAMAGED MY CAR. I BETTER CALL THE COPS BUT LIKE FIRST LET ME TAKE A #SELFIE.


The overuse of the word like by teenyboppers is a disgrace!

 

 

 

■■■ LIKE I JUST LIKE HIT A GUY AND ALMOST KILLED HIM AND LIKE HE DAMAGED MY CAR. I BETTER CALL THE COPS BUT LIKE FIRST LET ME TAKE A #SELFIE.

#YOLO

 

But seriously check out her Facebook page.

 

Would hit!

 

With your car?

The language she used isn't great.

 

Not that I particularly want to take her side, but I wonder how long her actual statement was to the police. Her statement about not caring any more could have been after a lot of questioning. That the magistrate said her comments were 'poorly put' to me says that overall she may have been more remorseful and that the comments in the article have been selected by the journalist to get the greatest impact.

 

The headline calling her a texting driver implies that she was texting at the instant she hit the cyclist, however the article states only that she received a text message around the time of the accident. No statement that she was using the phone at the time and she herself denied this in her statement. 

 

Parking 100m down the road may have been the safest possible spot for her to stop her car. 

 

Also the statement that she used her phone 44 times seems contradicted by the statement that she sent and received 22 text messages. Some of the received messages could be read receipts. Surely she only used the phone 22 times maximum, maybe fewer if some of these were messages to multiple people. On that basis I don't know how the police could charge her with 47 counts.

 

I'm inclined to think that the magistrate got it right and that there may be more to the story.

Really?

 

Records showed Davis used her phone 44 times in her drive from east Warrnambool to Koroit, sending and receiving 22 text messages to seven different phones.

That quote sounds to me like she sent 22 messages, and received 22 messages. It also sounds like she was carrying on seven different conversations.

 

The language she used isn't great.

 

Not that I particularly want to take her side, but I wonder how long her actual statement was to the police. Her statement about not caring any more could have been after a lot of questioning. That the magistrate said her comments were 'poorly put' to me says that overall she may have been more remorseful and that the comments in the article have been selected by the journalist to get the greatest impact.

 

The headline calling her a texting driver implies that she was texting at the instant she hit the cyclist, however the article states only that she received a text message around the time of the accident. No statement that she was using the phone at the time and she herself denied this in her statement. 

 

Parking 100m down the road may have been the safest possible spot for her to stop her car. 

 

Also the statement that she used her phone 44 times seems contradicted by the statement that she sent and received 22 text messages. Some of the received messages could be read receipts. Surely she only used the phone 22 times maximum, maybe fewer if some of these were messages to multiple people. On that basis I don't know how the police could charge her with 47 counts.

 

I'm inclined to think that the magistrate got it right and that there may be more to the story.

Really?

 

Records showed Davis used her phone 44 times in her drive from east Warrnambool to Koroit, sending and receiving 22 text messages to seven different phones.

That quote sounds to me like she sent 22 messages, and received 22 messages. It also sounds like she was carrying on seven different conversations.

 

Yes really. Phones don't require human intervention to receive text messages. 

 

 

The language she used isn't great.

 

Not that I particularly want to take her side, but I wonder how long her actual statement was to the police. Her statement about not caring any more could have been after a lot of questioning. That the magistrate said her comments were 'poorly put' to me says that overall she may have been more remorseful and that the comments in the article have been selected by the journalist to get the greatest impact.

 

The headline calling her a texting driver implies that she was texting at the instant she hit the cyclist, however the article states only that she received a text message around the time of the accident. No statement that she was using the phone at the time and she herself denied this in her statement. 

 

Parking 100m down the road may have been the safest possible spot for her to stop her car. 

 

Also the statement that she used her phone 44 times seems contradicted by the statement that she sent and received 22 text messages. Some of the received messages could be read receipts. Surely she only used the phone 22 times maximum, maybe fewer if some of these were messages to multiple people. On that basis I don't know how the police could charge her with 47 counts.

 

I'm inclined to think that the magistrate got it right and that there may be more to the story.

Really?

 

Records showed Davis used her phone 44 times in her drive from east Warrnambool to Koroit, sending and receiving 22 text messages to seven different phones.

That quote sounds to me like she sent 22 messages, and received 22 messages. It also sounds like she was carrying on seven different conversations.

 

Yes really. Phones don't require human intervention to receive text messages. 

 

Using myself as an example, she would be definitely looking at her phone when she received the messages. And also if she was sending 22 messages I'm pretty sure she would have had to look at the reply at some stage.

 

Using myself as an example, she would be definitely looking at her phone when she received the messages. And also if she was sending 22 messages I'm pretty sure she would have had to look at the reply at some stage.

 

Yes really. Phones don't require human intervention to receive text messages. 

 

 

I drive with my phone in "driving mode" and it reads me the texts.

Doubt she's interested enough to understand her phone settings though. Seems to have the wide open plains between the ears.

 

 

 

■■■ LIKE I JUST LIKE HIT A GUY AND ALMOST KILLED HIM AND LIKE HE DAMAGED MY CAR. I BETTER CALL THE COPS BUT LIKE FIRST LET ME TAKE A #SELFIE.

#YOLO

 

But seriously check out her Facebook page.

 

Would hit!

 

With a car?

Maybe a 9 month ban from using her mobile was a more ideal punishment.

 

We should be a bit more creative with punishments these days. Punishments where the guilty party really feels it.

 

 

 

The language she used isn't great.

 

Not that I particularly want to take her side, but I wonder how long her actual statement was to the police. Her statement about not caring any more could have been after a lot of questioning. That the magistrate said her comments were 'poorly put' to me says that overall she may have been more remorseful and that the comments in the article have been selected by the journalist to get the greatest impact.

 

The headline calling her a texting driver implies that she was texting at the instant she hit the cyclist, however the article states only that she received a text message around the time of the accident. No statement that she was using the phone at the time and she herself denied this in her statement. 

 

Parking 100m down the road may have been the safest possible spot for her to stop her car. 

 

Also the statement that she used her phone 44 times seems contradicted by the statement that she sent and received 22 text messages. Some of the received messages could be read receipts. Surely she only used the phone 22 times maximum, maybe fewer if some of these were messages to multiple people. On that basis I don't know how the police could charge her with 47 counts.

 

I'm inclined to think that the magistrate got it right and that there may be more to the story.

Really?

 

Records showed Davis used her phone 44 times in her drive from east Warrnambool to Koroit, sending and receiving 22 text messages to seven different phones.

That quote sounds to me like she sent 22 messages, and received 22 messages. It also sounds like she was carrying on seven different conversations.

 

Yes really. Phones don't require human intervention to receive text messages. 

 

Using myself as an example, she would be definitely looking at her phone when she received the messages. And also if she was sending 22 messages I'm pretty sure she would have had to look at the reply at some stage.

 

yep is YSBS from overseas ? maybe s/he isn't up to date with the new laws over here where it's an offence now to even have your phone in your hands, hence replying to 22 msg's would mean you've have to have recieved, opened and looked at 22 msg's hence 44 counts


 


Guess Captain, you had to be there.   Magistrates are strange creatures, they are usually red hot on drivers doing bad things; but maybe like many of us, this Magistrate has been badly treated by a cyclist, and many of them show no care for anyone else on the road.

Sorry, I dislike cyclists as much as anyone but I won't run them down if they are obeying the law and I am not.
 
Ditto.
 
And you do not use a car as a weapon.

Care are dangerous machines at the best of times.

http://www.standard.net.au/story/2225030/support-flows-for-texting-crash-victim/

THE wife of a Koroit district cyclist run down by a P-plater in a BMW has been heartened by an outpouring of support on social media.

On Monday Port Fairy‘s Kimberley Davis, 21, was fined $4500 and lost her licence for nine months after she was involved in an accident with the cyclist just west of Koroit.

The court heard that Davis had used her phone 44 times driving from East Warrnambool to Koroit before the collision at 7.20pm on September 20 last year on the Penshurst-Warrnambool Road. She pleaded guilty in the Warrnambool Magistrates Court to dangerous driving. 

Police prosecutor Senior Constable Kevin Mullins said it was one of the worst cases of selfish driver behaviour he had heard.

Social media has been deluged with commentary from people outraged at the leniency of the sentence.

Yesterday, the cyclist‘s wife said the public outcry justified how she felt.

“I was pretty ■■■■■■ off when I left the court (on Monday), but then the phone started ringing on Tuesday morning. The comments confirm that the way I was thinking was not unreasonable,” the woman, who did not want to be named, said.

“Ms Davis‘ answers to the police were just staggering. It beggars belief, I had tears in my eyes in court.”

The woman said her husband was incredibly lucky to still be walking.

“There was only a millimetre in it. The surgeons said nine out of 10 people would be in a wheelchair,” she said.

“Thinking about that sends shivers up my spine. We‘re going away for the weekend and I can‘t wait to get away and put this all behind us. I know how lucky we have been.”

The woman said she had felt powerless through the police/court process and her husband had never received an apology from Ms Davis.

“I went to court looking for blood and got a nick,” she said. “I can‘t believe my husband has never been offered an apology — not so much as a text message.”

Davis‘ answers when interviewed by police about a month after the accident have stunned many people.

“I just don‘t care because I‘ve already been through a lot of bullshit and my car is like pretty expensive and now I have to fix it,” she told a police officer. “I‘m kind of ■■■■■■ off that the cyclist has hit the side of my car. I don‘t agree that people texting and driving could hit a cyclist.”

Magistrate John Lesser said there were issues surrounding the case of great community significance, especially drivers using mobile telephones. 

Defence counsel Tony Robinson said that in the time between the accident and this week‘s court hearing Ms Davis was caught drink-driving (.07) and received an infringement notice when she drove her friends to the Gallery nightclub in Warrnambool.

He said she decided to drive that night because she thought she was going to lose her licence anyway because of the collision with the rider.

 

 

wow

I think a fitting sentence for her would be to start her schooling again. And this time, try and learn something.

 

So back to prep, and try the adult world again in another 17 - 18 years.

 

http://www.standard.net.au/story/2225030/support-flows-for-texting-crash-victim/

Defence counsel Tony Robinson said that in the time between the accident and this week‘s court hearing Ms Davis was caught drink-driving (.07) and received an infringement notice when she drove her friends to the Gallery nightclub in Warrnambool.

He said she decided to drive that night because she thought she was going to lose her licence anyway because of the collision with the rider.

 

 

wow

 

What the actual?

 

Also isn't she a P-plater? Any blood reading above 0.00 is a loss of licence isn't it?

 

 

http://www.standard.net.au/story/2225030/support-flows-for-texting-crash-victim/

Defence counsel Tony Robinson said that in the time between the accident and this week‘s court hearing Ms Davis was caught drink-driving (.07) and received an infringement notice when she drove her friends to the Gallery nightclub in Warrnambool.

He said she decided to drive that night because she thought she was going to lose her licence anyway because of the collision with the rider.

 

 

wow

 

What the actual?

 

Also isn't she a P-plater? Any blood reading above 0.00 is a loss of licence isn't it?

 

I should probably know since I'm a P-plater, but iirc above 0.00 is 4 months automatically and above 0.07 it's 6 months and they fit an alcohol interlock.

 

http://www.standard.net.au/story/2225030/support-flows-for-texting-crash-victim/

THE wife of a Koroit district cyclist run down by a P-plater in a BMW has been heartened by an outpouring of support on social media.

On Monday Port Fairy‘s Kimberley Davis, 21, was fined $4500 and lost her licence for nine months after she was involved in an accident with the cyclist just west of Koroit.

The court heard that Davis had used her phone 44 times driving from East Warrnambool to Koroit before the collision at 7.20pm on September 20 last year on the Penshurst-Warrnambool Road. She pleaded guilty in the Warrnambool Magistrates Court to dangerous driving. 

Police prosecutor Senior Constable Kevin Mullins said it was one of the worst cases of selfish driver behaviour he had heard.

Social media has been deluged with commentary from people outraged at the leniency of the sentence.

Yesterday, the cyclist‘s wife said the public outcry justified how she felt.

“I was pretty ■■■■■■ off when I left the court (on Monday), but then the phone started ringing on Tuesday morning. The comments confirm that the way I was thinking was not unreasonable,” the woman, who did not want to be named, said.

“Ms Davis‘ answers to the police were just staggering. It beggars belief, I had tears in my eyes in court.”

The woman said her husband was incredibly lucky to still be walking.

“There was only a millimetre in it. The surgeons said nine out of 10 people would be in a wheelchair,” she said.

“Thinking about that sends shivers up my spine. We‘re going away for the weekend and I can‘t wait to get away and put this all behind us. I know how lucky we have been.”

The woman said she had felt powerless through the police/court process and her husband had never received an apology from Ms Davis.

“I went to court looking for blood and got a nick,” she said. “I can‘t believe my husband has never been offered an apology — not so much as a text message.”

Davis‘ answers when interviewed by police about a month after the accident have stunned many people.

“I just don‘t care because I‘ve already been through a lot of bullshit and my car is like pretty expensive and now I have to fix it,” she told a police officer. “I‘m kind of ■■■■■■ off that the cyclist has hit the side of my car. I don‘t agree that people texting and driving could hit a cyclist.”

Magistrate John Lesser said there were issues surrounding the case of great community significance, especially drivers using mobile telephones. 

Defence counsel Tony Robinson said that in the time between the accident and this week‘s court hearing Ms Davis was caught drink-driving (.07) and received an infringement notice when she drove her friends to the Gallery nightclub in Warrnambool.

He said she decided to drive that night because she thought she was going to lose her licence anyway because of the collision with the rider.

 

 

wow

 

Holy ■■■■. That reads like an Onion article.

 

 

 

http://www.standard.net.au/story/2225030/support-flows-for-texting-crash-victim/

Defence counsel Tony Robinson said that in the time between the accident and this week‘s court hearing Ms Davis was caught drink-driving (.07) and received an infringement notice when she drove her friends to the Gallery nightclub in Warrnambool.

He said she decided to drive that night because she thought she was going to lose her licence anyway because of the collision with the rider.

 

 

wow

 

What the actual?

 

Also isn't she a P-plater? Any blood reading above 0.00 is a loss of licence isn't it?

 

I should probably know since I'm a P-plater, but iirc above 0.00 is 4 months automatically and above 0.07 it's 6 months and they fit an alcohol interlock.

 

And a mark/symbol on your licence and exhorbitant insurance fees if you can actually find someone who will insure you.

Smash her phone and make her pay for his rehab

 

 

 

■■■ LIKE I JUST LIKE HIT A GUY AND ALMOST KILLED HIM AND LIKE HE DAMAGED MY CAR. I BETTER CALL THE COPS BUT LIKE FIRST LET ME TAKE A #SELFIE.

#YOLO

 

But seriously check out her Facebook page.

 

Would hit!

 

Young, very stupid, and partially attractive is not a very healthy combination.

She has learnt nothing. Needs a decent lesson.

Few sandwiches short of a picnic this lass

If the licence loss doesn’t fix it I’m tipping she’ll be getting a buttload of hate mail and death threats (coming from a friend of a guy who had his offences played out in the media)