No jail time for driver that killed motorcyclist. | GTAMotorcycle.com

No jail time for driver that killed motorcyclist.

SteveM. said:
We've seen this too many times. The woman only received a $2500.00 fine and a six month suspension of license.

No jail time for driver in 2022 collision that killed Hamilton man

The family of a Hamilton man killed in a careless driving collision is questioning the legal system after the driver avoided jail time.
www.chch.com www.chch.com
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Grrr. So she had an impeccable driving record until 2022 when she got five speeding tickets and killed somebody but thats ok as she had some tragedy in her life too. Wtaf. If she is too upset to drive safely, than she should not have been driving.


"Sousa’s defence attorney Asgar Manek says his client had an impeccable driving record up until 2022.

As for Sousa, court documents show she faced five speeding violations prior to the death of Mills. Her attorney said she dealt with the loss of family, including her husband and child’s father in the same year, which played a factor in the sentencing"
 
Thread moved to appropriate forum.

As a reminder to all; Fallen Riders is not the place for discussion, well wishes and condolences only.

Thanks all!
 
WTF! this is disgusting. Our system is definitely flawed. She killed someone's father. A drunk driving charge would net you a stiffer penalty!!!
 
In Ontario killing ducks or geese will net you a bigger financial penalty than killing a human being.

Ontario Newsroom

news.ontario.ca news.ontario.ca

$4,250 fine for illegal duck hunting - Canada.ca

BROCKVILLE, Ont. – September 12, 2011 – Norman Burns, of Portland, Ontario, and Albert Burtch, of Newboro, Ontario, pleaded guilty on August 19, 2011, in the Ontario Court of Justice, in Brockville, to charges laid in relation to violations of the Migratory Birds Convention Act, 1994, and the...
www.canada.ca www.canada.ca

www.karinahunter.com

$7,000 in Fines for Illegally Hunting Waterfowl

Three men have been fined a total of $7,000 for offences under the Migratory Birds Regulations. Zachary Break of Oro-Medonte and Mark Seehaver of Burlington pleaded guilty to depositing bait within…
www.karinahunter.com www.karinahunter.com

Many more examples out there.
 
When I was in college and lady killed my classmate who was riding. $90 fine for improper left turn.
 
GreyGhost said:
This is just sad/infuriating.
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This is the judicial system.
At what point does a driving error, that may or may not result in injury or death, become a crime?

When there is MENS REA... which is not the case here, or in most (like 99.9999999% of the time) cases of road carnage. IF there was no MENS REA, there was no crime... even in Crim Neg.
The best (?), or most severe, in this case would be criminal negligence occasioning death, a criminal charge that is HUGELY difficult to prove.

It's a sad thing people lose their lives in traffic collisions, but to extract your pound of flesh, you need to prove malfeasance was criminal... not a "mistake".
If you guys think you have a better plan, contact your MP.
 
When my mother passed away my insurance agent (A friend) told me to watch my driving as there is statistical evidence of distraction.

So when you're having a bad year it's OK to pass it on to the family of an innocent rider?

Wouldn't a fistful of speeding tickets be a hint that she was losing control.
 
bitzz said:
This is the judicial system.
At what point does a driving error, that may or may not result in injury or death, become a crime?

When there is MENS REA... which is not the case here, or in most (like 99.9999999% of the time) cases of road carnage. IF there was no MENS REA, there was no crime... even in Crim Neg.
The best (?), or most severe, in this case would be criminal negligence occasioning death, a criminal charge that is HUGELY difficult to prove.

It's a sad thing people lose their lives in traffic collisions, but to extract your pound of flesh, you need to prove malfeasance was criminal... not a "mistake".
If you guys think you have a better plan, contact your MP.
Click to expand...

The better plan is better training and licensing.

Also no license review after a marked change in driving pattern, getting five speeding tickets after an impeccable record.

What's the average or better still, mean time between traffic tickets?

If the average is a year and a new ticket pops up before the previous one falls off the sheet you might have a problem. If a third ticket is on the record you do have a problem. The lady had five. Points don't matter.

She should have been told to walk to a MOT office and speak with a psychologist to find the cause of the change and a course of action.

Nothing will bring the rider back. No amount of money will make the family happy again. Does the family even get the $2500 fine? I don't think so, just some insurance money

No amount of time in jail will make the streets significantly safer. Maybe the driver will be more cautious for a while until the memories fade. The result of this trial is unlikely to affect 99.9999% of the rest of the drivers on the road because 99.9999% of the drivers have no intention of causing a collision. Then they do.
 
nobbie48 said:
The better plan is better training and licensing.

Also no license review after a marked change in driving pattern, getting five speeding tickets after an impeccable record.

What's the average or better still, mean time between traffic tickets?

If the average is a year and a new ticket pops up before the previous one falls off the sheet you might have a problem. If a third ticket is on the record you do have a problem. The lady had five. Points don't matter.

She should have been told to walk to a MOT office and speak with a psychologist to find the cause of the change and a course of action.

Nothing will bring the rider back. No amount of money will make the family happy again. Does the family even get the $2500 fine? I don't think so, just some insurance money

No amount of time in jail will make the streets significantly safer. Maybe the driver will be more cautious for a while until the memories fade. The result of this trial is unlikely to affect 99.9999% of the rest of the drivers on the road because 99.9999% of the drivers have no intention of causing a collision. Then they do.
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Part of the penalty should have been like a ignition interlock. She needs a 4x6 picture of his face visible from the drivers seat in any vehicle she ever drives. A daily reminder that a second of inattention can change someones world.
 
This outcome is sadly not surprising at all.
How easily we accept the perpetrator as the victim.
While the true victim has no voice and is forgotten almost as quickly as they were eliminated.

I've become very sinical towards this type of behavior.
 
nobbie48 said:
When my mother passed away my insurance agent (A friend) told me to watch my driving as there is statistical evidence of distraction.

So when you're having a bad year it's OK to pass it on to the family of an innocent rider?

Wouldn't a fistful of speeding tickets be a hint that she was losing control.
Click to expand...
You've clearly made a better case then the prosecuting lawyer did.

She should at least lose her license.
Either way this is tragic outcome.
 
sburns said:
You've clearly made a better case then the prosecuting lawyer did.
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Ime, prosecutors in HTA court are not good. Like pilots in commuter airlines, they are early in their career and putting in time before they can jump up. Different from the pilots, the rockstars can skip this step so you are left with those that can't get a better job.
 
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