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Court Outcome re Accident

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hedo2002 said:
Then another guy came up. He was from K-W area, owned his own construction company, was an immigrant from south america. He was pulled over on 401 near Bowmanville as the vehicle appeared overloaded. His lawyer said he and 2 employees were driving to a job when the driver got ill so he took the wheel. Although not disclosed why, this was his second conviction for driving while under suspension. He had a previous 2 year driving ban, as well as a LIFE time ban from driving. Again the court wasn't told why those had been imposed, (BUT in my experience a lifetime prohibition only RARELY occurs and is a result of something pretty heavy). No collision, no injuries etc. His sentence, (no further driving prohibition, which was moot anyway given the lifetime ban), and 90 days in jail to be served on weekends, (fri 8 pm till 5 AM Mionday, so credited with 3 days per weekend). So courts don't take these things seriously, (most of the judges think give a person a break and they will fly right). Not a sentiment I ever shared.
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IIRC There was a woman in Brampton a few years back that had several DUI's and two deaths in separate events on her record. She kept it up. I sympathize with alcoholics fighting the demon but not to the point where they endanger others.

If you are banned from driving for life all you have to do is find a desperate lonely person who is willing to register and insure a car in their name and let you drive it.

Is an employee going to fight the boss when he wants to drive?

It makes one think about the USA and their three strike laws, not that I agree.

What stops a habitual offender other than a noose?

Re serving weekends. I was told that if you show up at the last minute Friday the jails are so crowded they tell you to go home and not go out until Monday AM. You still get credited for the time.
 
nobbie48 said:
What stops a habitual offender other than a noose?
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That is a very important question with no easy answer. In the past the DUI stats showed the majority were habitual offenders. I am all for a huge face tattoo on habitual offenders (something like "I have been convicted of DUI multiple times and am never permitted to drive in Ontario again"). Public shaming is more cost-effective than jail.
 
He doesn’t really mean” asking for a friend” he’s trying to be a kool kid. Nor do I think his question was serious, just trying to troll but clearly went about it in the clumsiest way possible. There are certain topics where trolling is inevitable but any forum /topic concerning the loss of life for other riders is not it.

Must be be new to forums.....or he doesn’t really ride or is about 11 years old. Perhaps all three.
 
hedo2002 said:
As a copper, I NEVER investigated a single "accident". I did investigate, (back when cops actually attended the scene and did an investigation...lol), several hundred COLLISIONS. There is no such thing as an "accident." Collisions, occur as a result of human input, and therefore are inheritedly, avoidable.

In the case being discussed the article stated that the driver fell asleep, which is preventable, and therefore, NOT an accident.
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So we were driving into the cottage, public road, and a tree fell onto the box of our pickup, missed the cab. Accident or collision?
 
crankcall said:
So we were driving into the cottage, public road, and a tree fell onto the box of our pickup, missed the cab. Accident or collision?
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The answer is obvious; if you had been more aware of your surroundings and used the Nitrous when required, you would have avoided that collision.

:D
 
crankcall said:
So we were driving into the cottage, public road, and a tree fell onto the box of our pickup, missed the cab. Accident or collision?
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In the USA they more often say crash or wreck than accident.

Accident indicates reasonably unavoidable or unforeseeable. Define reasonable. Who owns and is responsible for the tree?

It could be an accident for you but a collision for the owner of the tree. Unless the fault in the tree was obvious from the road and you ignored it the owner should be responsible for his tree colliding with your truck.

If the owner of the tree was aware of the rot or whatever it could be deemed negligence if damage or injury occurred.

I know of someone who ignored a rotting tree hoping it would fall and insurance would pick up the damage tab. He finally relented and paid the tab to take it down. Taking a large tree down in the city can be a several thousand out of the owner's pocket.

That reminds me to report a dead tree to the city. It's on private property but if it fell it could do serious damage to adjoining property or passers by.
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