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September 14, 2012

Comments

Rob (Mk.II)

The message has been, is and remains "open season on vulnerable road users."

gingerbeard

What is the message to the general public?
IT is the same message they have been getting for a long time, cyclists are fair game.

When one if these drivers is charged with vehicular manslaughter, then the general public will get a different message, until then its " hey don't treat the guy on the bike any different than a traffic cone.

John R.

This is an outrage. .. When will the government get off the pot and realize that all accidents involving a bicycle should carry mandatory prison time for the driver. They're obviously out to kill us anyway.

teresa

ugh - this makes me SO mad!! I also read that the reason his license was suspended in the first place was for unpaid fines?!?! So clearly he'll follow-through with these fines... Our justice system is so messed up.

Susan Koswan

the four members of my family - all avid bikeriders - could not believe this when we read it. I'm not big on locking everyone up, but there have to be more severe consequences to fit the crime. Crikey - in the same edition of the paper it said that street preachers in downtown New Orleans are now banned at night and will have to serve time if they don't! And they'd only be guilty of trying to save some wayward souls. (ironic laugh)

Kevin Love

The Highway Traffic Act offence of careless driving is punishable by up to six months in prison. If the judge chooses to not apply the law in his sentencing, then a complaint should be made against the judge.

From:
http://www.e-laws.gov.on.ca/html/statutes/english/elaws_statutes_90h08_e.htm#BK205

Every person is guilty of the offence of driving carelessly who drives a vehicle or street car on a highway without due care and attention or without reasonable consideration for other persons using the highway and on conviction is liable to a fine of not less than $400 and not more than $2,000 or to imprisonment for a term of not more than six months, or to both, and in addition his or her licence or permit may be suspended for a period of not more than two years

Bill

@Kevin I agree with you about the jail time. The precedent seems to be that if the guilty person has a clear record (that is no other fines for criminal offences or jail time for previous convictions), a jail term is not likely to be imposed. The term of probation was considered unusual in this case -- effectively it is a suspended sentence. If Waltenberry shows up in front of judge again for a driving offence within the term of probation, he is likely to do some jail time unless he can show cause not to. Still, it's not like this was a fender bender. He killed Tiberiu David. Some kind of jail time might have been warranted.

Kevin Love

Bill,

"Might have been"?

I wager that if he had killed with a gun instead of a car this man would be in jail right now.

This is part of a clear pattern of discrimination. Just like black people being lynched in the 1950's US South.

I note that even the fines have a range of $400-2000. The midway point of that range is $1,200. This man got less than that!

The message that I am getting from this judge is that I am not a real person and my life is worth less than a medium-quallity home entertainment system. The law in his courtroom will not protect me from death or injury or being terrorized by criminal thugs.

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Bill Bean


  • North America is eventually going to figure out that, for all the right reasons, we need more bicycles on our roads. Dust off your bicycle and go cycling. And if the gas-burning dinosaurs start to crowd you, it's your road and you paid for it. Take the lane for yourself.

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