Advertisement
Help Keep Boards Alive. Support us by going ad free today. See here: https://subscriptions.boards.ie/.
https://www.boards.ie/group/1878-subscribers-forum

Private Group for paid up members of Boards.ie. Join the club.
Hi all, please see this major site announcement: https://www.boards.ie/discussion/2058427594/boards-ie-2026

Meanwhile on the Roads...

194959799100110

Comments

  • Moderators, Category Moderators, Arts Moderators, Sports Moderators, Paid Member Posts: 56,277 CMod ✭✭✭✭magicbastarder


    ah, the joys of discussing relatively subtle points of law which are so clearly controversial…

    or, subtle mod note, calm down on the language.



  • Registered Users, Registered Users 2 Posts: 290 ✭✭khamilton


    There was nothing about my reply that was a rant, and I already explained to you that 'commission of which' does not have the meaning you believe it to. You've repeatedly ignored that, and ignored all the other evidence and explanation, to keep holding on to the opinion that the original Judge erred in law to apply a driving disqualification order - even though all available evidence shows that the appeal was only on the severity and not on a point of law.



    My contribution was to write the following:

    >It's called an 'ancillary disqualification order', Judges can apply a driving ban for virtually any conviction in which a vehicle was used in the commission of a crime.

    >S27 of revised Road Traffic Act 1961

    There is nothing 'fine' about the points being discussed as magicbastarder alluded to, as only one of us is discussing. I've tried my best, to explain, at length where your thinking is going wrong and you've refused at every stage to actually discuss the issue.

    To put it to bed, the relevant cases are DPP V Sweeney (where an ADO was applied when someone was convicted of fraudulently selling a stolen van, overtured on appeal) heard in the Court of Appeal in 2014 and Conroy V AG heard in the Supreme Court in 1965.

    Conroy v AG:

    >One must not lose sight, however, of the real nature of the disqualification order which is that it is essentially a finding of unfitness of the person to hold a driving licence. Apart from the statutory minimum which is imposed in certain cases, this is a matter which must be determined by the Court in the light of evidence which it hears on this aspect of the case and in the light of that evidence it may determine what period of disqualification is appropriate….

    >Though it may have punitive consequences, disqualification cannot be regarded as punishment in the sense in which that term is used in considering the gravity of an offence by reference to the punishment it may attract upon conviction such as imprisonment or a fine, but rather is a finding of unfitness….

    >the fundamental question governing the making of a disqualification order in relation to non-motoring offences is whether the offender has, in the words of Walsh J in Conroy, so abused his right to drive on a public road “by exercising it in the furtherance of criminal activities” that he is thereby “unfit to exercise the right to drive a motor car.”

    DPP v Sweeney:

    >Held by the Court in light of the applicable legislation and case-law including Conroy v. Attorney General [1965] I.R. 411 that the disqualification power in s. 27 could be exercised in cases other than motoring offences only where there was evidence that there was either an offence relating to a motor vehicle or where a motor vehicle was used in the commission of a crime such that in either case the trial judge could properly conclude from the facts proved or admitted in relation to the commission of the offence that the accused was unfit to exercise his right to drive a motor car on a public highway.

    And here we are. Ancillary disqualification orders as a result of road rage (which in this case, manifested as a physical assault). So much time wasted. I really will bow out now, and make use of the ignore feature as you've made it clear you aren't here to actually use this as a discussion forum.



  • Registered Users, Registered Users 2, Paid Member Posts: 9,986 ✭✭✭blackwhite


    Thanks for actually pointing the case law this time.

    It’s a pity you are incapable of doing so without repeated personal insults - but that’s a reflection on you I guess



  • Registered Users, Registered Users 2 Posts: 2,729 ✭✭✭Large bottle small glass




  • Registered Users, Registered Users 2 Posts: 8,062 ✭✭✭MojoMaker


    There are a number of guards and solicitors on this forum @blackwhite - tread carefully, the law is well known here.

    Welcome to the cycling forum btw.



  • Advertisement
  • Moderators, Sports Moderators Posts: 27,054 Mod ✭✭✭✭CramCycle


    MOD VOICE: lets leave it there, I read no insults in that post @blackwhite if I'm wrong report the post. Anyway, the point has been discussed enough, if there is something that adds food for thought, PM me first.



  • Registered Users, Registered Users 2 Posts: 3,392 ✭✭✭Paddigol




  • Registered Users, Registered Users 2, Paid Member Posts: 16,584 ✭✭✭✭loyatemu


    I'm not sure if she should have been jailed, but a 2 year ban is absurd. Should be at least 10.

    Put your money where yer mouth is... Subscribe and Save Boards!

    https://subscriptions.boards.ie/



  • Moderators, Category Moderators, Arts Moderators, Sports Moderators, Paid Member Posts: 56,277 CMod ✭✭✭✭magicbastarder


    she was executing an illegal turn - this was not a 'whoops, didn't see you there' collision.



  • Registered Users, Registered Users 2 Posts: 9,938 ✭✭✭Tenzor07


    I'm sure she also lost her no claims bonus and the insurance payout was massive.. so if this careless driver does try and get insurance again in 2 years that it's so expensive she won't be able to afford to drive again.

    The thing about this incident is that this guy on the bike was almost killed, if you punched someone and broke some bones in a street fight you'd get 5 years behind bars but do this in a car and you get almost get away with it.



  • Advertisement
  • Registered Users, Registered Users 2 Posts: 575 ✭✭✭mvt


    I had mentioned this previously & again part of the defence was that she had a full polish drivers licence.

    Can you drive an Irish reged car after a grace period on an EU licence? Not sure why this is mentioned again.

    Also she completely ran over the guy with both sets of wheels, beyond negligent.



  • Registered Users, Registered Users 2 Posts: 9,938 ✭✭✭Tenzor07


    Having a licence from another EU state is no defence at all, and would fly in the face of the rules around EU driving licences.

    Now when this person's DQ expires she may be asked to provide a certificate of competency before driving again, whether she goes back to her own country for this or does the test here, I don't know.



  • Registered Users, Registered Users 2 Posts: 3,392 ✭✭✭Paddigol


    Yeah, I'm not one for demanding custodial sentences generally. Possibly justifiably not used here. It's the overall lack of any meaningful consequences that gets me in all these cases. And to be fair, it's not even a cycling thing - cause carnage, injury or death in any circumstances behind the wheel of a car and you'll likely get the same relative leniency. "Woopsies… could have been any one of us". The regulation of driving licences - from how you get them to how hard it is to lose them - is a farce when you stand back and consider it objectively.

    I'm sure she is a decent person. I'm sure she is racked with guilt. I'm sure her life has been awful since the accident. I don't see much point in sending her to prison. But I also don't fancy sharing the road with her when I'm on my bike.



  • Registered Users, Registered Users 2 Posts: 2,459 ✭✭✭deandean


    That poor guy who was driven over twice by a woman, it really shook me. IMO there should have been a far more harsh punishment for her, including jail.

    No amount of cycle lanes or road markings are going to cut out this level of stupidity by a driver.

    I can only hope that the guy benefits from a shipload of compensation from her insurer.

    Best of luck on the road, fellow cyclists. By God we need it.



  • Registered Users, Registered Users 2 Posts: 3,392 ✭✭✭Paddigol


    I just don't think jail is any more likely to make drivers pay more attention or obey the ROTR either. The odd high publicity jailing isn't going to change drivers' behaviour when they still think he chances of it happening to them are as remote as winning the lotto.

    What we do need is;

    • more roads policing;
    • new clear penalties for offences (bigger fines, points and bans);
    • more enforcement by police and prosecutors of the kinds of offences which most of the time don't result in crashes or injury but when they do it can be catastrophic (speeding, illegal turns, phone use, drink driving etc); and
    • overhaul of the judicial system for dealing with roads offences and properly educated judges (same way they did in Family Law for example).

    If people get to a point where they think "yeah, there's a good chance that if I speed/ use the bus lane, take a short cut up this one way street, pull a cheeky illegal turn, get behind the wheel after a few pints, browse my whatsapp while driving, I'll actually get pinged by a camera, garda checkpoint, or roads policing, and if I do I'll be hammered with a chunky fine on an expedited prosecution basis and end up without my car", THEN I think we'll see attitudes change.

    I think there's enough studies out there to point out the limited deterrent effect jail has on anyone - it should be reserved for actually dangerous individuals (or clowns like Enoch Burke who will ignore court directions not to do x, y or z!) who need to be taken off the streets. Complete waste of our money throwing most people in there.



  • Registered Users, Registered Users 2 Posts: 3,815 ✭✭✭Wildly Boaring


    100%
    A 300hp tractor with 3 mowers on it was in front of me for 20mins yesterday on a backroad- openly on the phone.
    A taximan in town Wednesday was messing with 2 phones stuck to his windscreen all the way down Pearse St.

    Earlier that day a plumber in Whitehall went straight up the bus lane to skip the queue onto Griffith Avenue, skimming past me and another cyclist in the process.
    A truck driver at M1 headed for M50 cut off 2 cars as he gambled on just making the slip yesterday.


    None of these chaps would have a job without a licence. Clearly none of them are worried about getting caught doing illegal and very dangerous things while driving.

    Also had a Learner (on his own) try to overtake me in a 60 while i was doing a little over 60 and an oncoming car. He gave up at last second and tailgated me until the next junction.

    Turning around last year and dropping every rural speed limit to 60kph is not going to improve safety without actually policing anything.



  • Registered Users, Registered Users 2 Posts: 10,087 ✭✭✭✭Macy0161


    Not sure the relevance in the case, bar it was a full licence, but you can use another EU licence until it expires (and then if you're still in Ireland, you must change it to an Irish one).



  • Registered Users, Registered Users 2 Posts: 35,302 ✭✭✭✭zell12


    Was on the M1 on a bus, high up. Passed by an HGV truck to our left. The driver had his right knee up to the window, foot resting where the keys go, playing with a phone with his left hand. His right hand on steering wheel. The truck was longer and taller than our bus, and had a company name on it



  • Registered Users, Registered Users 2 Posts: 37,915 ✭✭✭✭o1s1n
    Master of the Universe


    A photo of this and an email to the company written on the side does wonders. I've done this a few times and have gotten a response each time.



  • Registered Users, Registered Users 2, Paid Member Posts: 3,080 ✭✭✭aero2k


    I was showing my helmet, broken after my head hit the road due to being hit from behind by a car, to my very young son in the hope it would instill the importance of helmet wearing. His response "well, I won't be cycling anyway"!



  • Advertisement
  • Registered Users, Registered Users 2 Posts: 3,455 ✭✭✭Dr_Colossus


    This is a serious case, left the cyclist as potentially dead on the side of the road and thereafter compounded the problems trying to prevent the course of justice. Well done to the garage owner reporting the car damage but this driver needs to see jail.



  • Registered Users, Registered Users 2 Posts: 575 ✭✭✭mvt


    Ah no, come on- she wrote a letter saying she was sorry.

    Don't worry about the fact she hit him with such force head on that she left him with brain damage , a severed ear & other life long injuries & kept going.

    Then went home & put her child to bed .



  • Moderators, Sports Moderators Posts: 27,054 Mod ✭✭✭✭CramCycle


    Never shown my kids a helmet, no point putting them off. He wears one anyway, but I can't see the benefit of dangerising (not a word but I presume it's meaning is understood). If he didn't, Is sooner he kept cycling than stop.



  • Registered Users, Registered Users 2, Paid Member Posts: 3,080 ✭✭✭aero2k


    He knew about the collision, I was showing him how risk can be mitigated rather than dangerising, as you characterise it. It wasn't part of a big lecture series or anything.



  • Registered Users, Registered Users 2 Posts: 6,506 ✭✭✭fat bloke


    Low risk of reoffending. Momentary lapse of concentration. Has to live with the consequences. Custodial sentence serves no purpose.

    Blah blah blah.

    Not a chance in the wide earthly world that she will see the inside of a jail.



  • Moderators, Category Moderators, Arts Moderators, Sports Moderators, Paid Member Posts: 56,277 CMod ✭✭✭✭magicbastarder


    if she gets a custodial sentence, i suspect it'd likely be on the perverting the course of justice charge.



  • Registered Users, Registered Users 2, Paid Member Posts: 3,080 ✭✭✭aero2k


    Hitting the cyclist was a serious offence, but not stopping and getting help was unforgivable.

    I mentioned being knocked off my bike a few posts back - in that case it was an inexperienced young man, likely going too fast for the wet conditions and possibly dazzled by incoming headlights, who hit me. To his credit he stopped and called the police and an ambulance.

    Reading that report gives me chills - it was pure luck that I didn't end up like the doctor or worse.



  • Registered Users, Registered Users 2 Posts: 6,856 ✭✭✭standardg60


    Agreed, the level of callousness she showed in her subsequent actions and lies are shocking to read tbh. She admitted she'd hit a cyclist because she wasn't looking but still tried to claim he wasn't 'visible'.

    Trying to claim she's remorseful after the fact that she tried to get away with causing life changing injuries just adds insult. Nothing will dissuade me from thinking she was (as usual), on her phone.



  • Registered Users, Registered Users 2 Posts: 3,815 ✭✭✭Wildly Boaring


    100%

    Got distracted by child so looked down at her lap. My hole.

    People cannot leave the phone alone anymore. Or the ginormous screen. Why can there not be a technological solution to this? No will!!



  • Advertisement
  • Moderators, Society & Culture Moderators, Paid Member Posts: 16,345 Mod ✭✭✭✭smacl


    Ours wore helmets when they were younger as mandated by their mum but ditched them in later years. Eldest still commutes by bike daily in London and hasn't worn a helmet since she was in her teens. Youngest ditched the bike but is looking to get back into cycling for commuting. Helmets are certainly a blocker to cyclists how care deeply about their hair styles. Most important thing for cycle safety for kids in my opinion is route selection and learning road craft, both of which are best learned from an experienced cyclist.



Advertisement
Advertisement