Cyclist killed by BTCC driver
Discussion
k me. IUs hitting every RemyMartin said:
Blimey. ...if convicted I guess that will be jail time...
Yep - mandatory custodial for Causing Death by DD in all but exceptional circumstances.There was an incident local to me where a driver killed a cyclist in a head on collision as a consequence of a poorly planned overtake. He pleaded guilty to Causing Death by DD and escaped jail and got a long ban and a fine on the basis that he admitted full responsibility at the earliest opportunity and apparently showed genuine remorse for his actions - I vaguely knew the guy, he owned a restaurant we used to go to quite often - he subsequently had a breakdown and his business went to the wall.
Given that Wathall is pleading not guilty, it's a certainty that he'll go down if convicted.
el stovey said:
What's his defence? There's photos of him on his phone driving with one hand, there's records of his call at the time of the death and no hands free kit in his car.
That's damning evidence for a conviction for the offence of using a handheld mobile phone whilst driving - but it doesn't automatically prove either that the standard of driving fell sufficiently below the required standard to constitute Dangerous Driving - or that that Dangerous Driving caused the death of the cyclist.He appears to claim that the cyclist was at fault and rode into the side of the van - which resulted in the fatality and would have done so regardless of him being on the phone and driving with one hand.
The CCTV evidence apparently showing him unaware of the presence of the cyclist on the roundabout even though he was clearly in plain view is more compelling though.
Edited by Seight_Returns on Thursday 4th July 11:14
Don't remember hearing about this last year, not sure if it's been very quiet up to now or just not made the news.
How has he still got sponsors? How can he be pleading not guilty with all that evidence? I normally say wait until all the facts are out and case has been heard but that sounds pretty damning.
What an absolute cock. Professional driver and he thinks that's ok. If people are going to take the risk talking on the handset they have to be prepared to take the consequences whether the cyclist did something wrong here or not he wasn't in complete control of his vehicle - jail time no matter what.
And a van that he must spend hours in week after week getting to race tracks up and down the country - spend a couple of hundred quid on a bluetooth system FFS.
I thought he came across quite a decent guy and a good racer (until this season) completely changed that opinion now. Complete cock.
How has he still got sponsors? How can he be pleading not guilty with all that evidence? I normally say wait until all the facts are out and case has been heard but that sounds pretty damning.
What an absolute cock. Professional driver and he thinks that's ok. If people are going to take the risk talking on the handset they have to be prepared to take the consequences whether the cyclist did something wrong here or not he wasn't in complete control of his vehicle - jail time no matter what.
And a van that he must spend hours in week after week getting to race tracks up and down the country - spend a couple of hundred quid on a bluetooth system FFS.
I thought he came across quite a decent guy and a good racer (until this season) completely changed that opinion now. Complete cock.
Steve_F said:
And a van that he must spend hours in week after week getting to race tracks up and down the country - spend a couple of hundred quid on a bluetooth system FFS.
Red Herring. He didn't kill the cyclist because he only had once hand to steer with - be killed him because his attention was elsewhere and his observation was pants.Whilst a Bluetooth hands free kit would have allowed him to have both hands on the wheel - it wouldn't have magically made him aware of the presence of the cyclist on the roundabout that he was blissfully unaware of until the police subsequently showed him the CCTV - because he was so wrapped up in his conversation with the skinny bint to notice.
Edited by Seight_Returns on Thursday 4th July 13:10
Seight_Returns said:
Red Herring. He didn't kill the cyclist because he only had once hand to steer with - be killed him because his attention was elsewhere and his observation was pants.
Whilst a Bluetooth hands free kit would have allowed him to have both hands on the wheel - it wouldn't have magically made him aware of the presence of the cyclist on the roundabout that he was blissfully unaware of until the police subsequently showed him the CCTV - because he was so wrapped up in his conversation with the skinny bint to notice.
Very true but I still stand by my point that it's a van he spends a significant amount of time in and he probably has a fairly hectic life to manage. There's no excuse not to have a handsfree kit in there to at least free up both hands while driving. I'd bet he had to change gear quite a few times in an 8 minute conversation, each time having no hands on the wheel.Whilst a Bluetooth hands free kit would have allowed him to have both hands on the wheel - it wouldn't have magically made him aware of the presence of the cyclist on the roundabout that he was blissfully unaware of until the police subsequently showed him the CCTV - because he was so wrapped up in his conversation with the skinny bint to notice.
Edited by Seight_Returns on Thursday 4th July 13:10
Completely agree though that it's a red herring in this case though but does mean one less thing to concentrate on (holding the phone).
Steve_F said:
Very true but I still stand by my point that it's a van he spends a significant amount of time in and he probably has a fairly hectic life to manage. There's no excuse not to have a handsfree kit in there to at least free up both hands while driving. I'd bet he had to change gear quite a few times in an 8 minute conversation, each time having no hands on the wheel.
Completely agree though that it's a red herring in this case though but does mean one less thing to concentrate on (holding the phone).
Yes I take the point and I agree. Even though it arguably didn't cause the fatality, driving through a roundabout one handed is an absolute no-no.Completely agree though that it's a red herring in this case though but does mean one less thing to concentrate on (holding the phone).
Gassing Station | Pedal Powered | Top of Page | What's New | My Stuff