Suspended sentence for driver as cyclist left unable to speak or walk

[Markymark]

Bare with me here because I am not familiar with the law on this. If convicted of drink driving you lose your licence. If you kill someone while drink driving you receive the same loss of licence but also separately be charged with murder/manslaughter? I.e the punishment for the driving offence is the same and the death is a separate but related crime?
I don't believe that you could impose different penalties for the same offense depending on the outcome. Driving without lights cannot receive a more serious penalty if it results in death. Now if you knew your lights were faulty but decided to make the journey anyway and killed someone then you would be tried for murder and rightly so.
I apologise if this is a rather naïve and simplistic view but I am no solicitor.

There is careless driving and death by careless driving.

 

[classic33]

To be honest I'm rather torn with this one. Am I right in thinking that the cyclist turned right across the junction into the path of the car heading the other way? The consequences are absolutely awful, but I can't help wondering if the comments here would have been the same if it had been the cyclist travelling without lights.

There are four lanes, either side of the junction. Cyclist was in their lane, far left, wanting to turn right.

When hit they would have been more than halfway across the junction, when hit by the car being driven with no lights.

 

[oldfatfool]

Is the arguement that if he had lights on he would have seen her turning in front of him or that she would have seen him coming? If the street lights were lit then it strikes me as an error of judgement/ lack of observation on both parties side, tragic that it as left her in this state but no point ruining other lives.

 

[Drago]

Should have thought about ruining lives before parking atop a cyclist.

 

[classic33]

Is the arguement that if he had lights on he would have seen her turning in front of him or that she would have seen him coming? If the street lights were lit then it strikes me as an error of judgement/ lack of observation on both parties side, tragic that it as left her in this state but no point ruining other lives.

More that he would have been able to see her, on approaching the lights.

Incorrect on my part.

 

[Tin Pot]

Is the arguement that if he had lights on he would have seen her turning in front of him or that she would have seen him coming?

No, the argument is that if he had his lights on *she* would have seen him.

It is hidden from us as to why the driver is excused from 'not seeing' the cyclist.

Top tip: To avoid "2 families being ruined", don't murder cyclists with your car.

 

[I like Skol]

Top tip: To avoid "2 families being ruined", don't murder cyclists with your car.

Emotive BS!
There is no suggestion that the driver committed or intended to commit murder and he was not tried for murder.

Faherty (63), of Elton Walk, Ard na Greine, Dublin, pleaded guilty last February at Dublin Circuit Criminal Court to one count of careless driving causing serious harm.

 

[PhilDawson8270]

There is careless driving and death by careless driving.

@I like Skol There is also the charge of causing death by careless driving when under the influence of drink

 

[PhilDawson8270]

To be honest I'm rather torn with this one. Am I right in thinking that the cyclist turned right across the junction into the path of the car heading the other way? The consequences are absolutely awful, but I can't help wondering if the comments here would have been the same if it had been the cyclist travelling without lights.

I have seen threads on here where the opinion is that a cyclist without lights is fine, and drivers should still see them, as there are various other hazards that are avoided that are unlit.

However, part of me thinks that drivers who are LICENSED, should be held to a higher standard of ability, and that whatever your mode of transport is. You're responsible for the safety of those more vulnerable than you.

 

[I like Skol]

@I like Skol There is also the charge of causing death by careless driving when under the influence of drink

Ok, but would that be the penalty for the death? Presumably the offender would be charged with drink driving AND a charge of causing death. The DD offence results in loss of licence, the death by careless results in a more severe punishment. Can a simple DD offence result in a prison sentence (1st offence)?

 

[Mugshot]

I have seen threads on here where the opinion is that a cyclist without lights is fine, and drivers should still see them, as there are various other hazards that are avoided that are unlit.

However, part of me thinks that drivers who are LICENSED, should be held to a higher standard of ability, and that whatever your mode of transport is. You're responsible for the safety of those more vulnerable than you.

I don't disagree with that at all Phil.

 

[PhilDawson8270]

Ok, but would that be the penalty for the death? Presumably the offender would be charged with drink driving AND a charge of causing death. The DD offence results in loss of licence, the death by careless results in a more severe punishment. Can a simple DD offence result in a prison sentence (1st offence)?

It's 1 charge, CD40, or CD60. I think you can get CD40 while UNFIT through drink, it doesn't have to be over the limit. Causing death and excess is CD60.

if you're just caught drink driving, you end up with DR10, driving or attempting to drive with excess alcohol.

 

[classic33]

@I like Skol There is also the charge of causing death by careless driving when under the influence of drink

Drink, on both sides, ruled out in this case. By the Guards.

 

[PhilDawson8270]

Drink, on both sides, ruled out in this case. By the Guards.

I was referring to an earlier analogy by @I like Skol in post #29

 

[Dismount]

It's a tragic accident nothing more or nothing less. People make mistakes, forgetting to turn lights on is one of them. That is why with advances in techology you can leave the lights on automatic and they turn themselves on.