I am in shock, I feel sick to my stomach - what the HE double Hockey Sticks is wrong with our justice system?
One man dead, 3 others severely injured and the perpetrator? Texting while driving and not guilty of dangerous driving causing death or the three counts of dangerous driving causing bodily harm he faced.
All four motorcyclists were/are members of the Barrie Chapter of the Southern Cruisers Riding Club.
What is the point of putting a law in the books if it has no teeth?
We have distracted driving laws that have NO TEETH.
If people can get off scott free AFTER they have admitted to texting an driving - then what is the point to the law?
Begin Quote:
The officer who worked on the case, OPP Const. Trina Gosse, she she was also disappointed with the verdict.
“It is troubling when you see so many people injured,” Gosse said. “The deceased’s daughter was crying pretty hard.”
She noted that even Rogers admitted he had been using his cellphone while driving that day, however the judge could not find beyond reasonable doubt that he was using it at the time of the crash.
Gosse said this was her first case involving an alleged texting while driving causing death.
“But sadly, it is not all that uncommon," she said. End Quote
It is my firm hope that there will be an appeal.
The OCC - Ontario Confederation of Clubs does not appear to be on the rampage about this verdict, but from my personal experience with them -they appear to focus more on 1% issues than ALL rider's rights issues.
Regardless I would have thought that they would be outraged and sitting on the steps of their provincial legislature asking for the judge's decision to be reviewed or for a retrial.
I would have thought we'd see a statement or a press release, but nothing anywhere that I could find.
We NEED a national riders rights organization - a watch dog - someone to protect our rights as citizens and human beings.
Just because this happened in Ontario does not mean riders from other provinces can't have an impact.
The more we flood the Attorney General's office with letters of outrage - the more likely a review of the case will take place. PLEASE - take 5 minutes and DO SOMETHING....
So - how can we, Joe Q Citizen have any impact on this particular injustice?
Write to the Attorney General of Ontario:
The Honourable John Gerretsen, Attorney General:
Barrie Crown Attorney’s Office - (705) 739-6188
UPDATE - here is my letter to the Attorney General:
Dear Honourable John Gerretsen, Attorney General of Ontario,
The Justice system failed motorcyclists and all victims of distracted driving yesterday with the ruling by Justice Cory Gilmore in the case of Michael Rogers, a 24 year old who was, by his own admission texting and driving, crossed the centre line and killed one rider and injured 3 others.
According to the article in the Barrie Examiner today:
Crown attorney Dave Russell argued that Rogers was looking at a text message on his cellphone as he swerved out of his lane into the path of the riders.
Defence lawyer Lydia Riva argued Rogers committed no crime, but rather the tragic incident was a “moment of inattention,” and not an act of dangerous driving as defined by the Criminal Code. End Quote
Distracted driving is an offence and according to a Ministry of Transport statement on their website: http://www.mto.gov.on.ca/english/safety/distracted-driving/index.shtml
There is a ban on hand held cellular device use while driving in Ontario.
Would you please explain how using a hand held cellular device to read a text is not distracted driving, which is also dangerous driving?
Why was it is not considered Dangerous Driving causing death and causing bodily harm in this case?
If the person had been drinking it would be, would it not?
If the person had been stoned it would be would it not?
Why is this case any different?
What can be done to force an appeal?
I am a moto journalist who travels by motorcycle in Ontario usually once per year. I will be sharing your response with the riding community of Canada. Thank you
One man dead, 3 others severely injured and the perpetrator? Texting while driving and not guilty of dangerous driving causing death or the three counts of dangerous driving causing bodily harm he faced.
All four motorcyclists were/are members of the Barrie Chapter of the Southern Cruisers Riding Club.
What is the point of putting a law in the books if it has no teeth?
We have distracted driving laws that have NO TEETH.
If people can get off scott free AFTER they have admitted to texting an driving - then what is the point to the law?
Begin Quote:
The officer who worked on the case, OPP Const. Trina Gosse, she she was also disappointed with the verdict.
“It is troubling when you see so many people injured,” Gosse said. “The deceased’s daughter was crying pretty hard.”
She noted that even Rogers admitted he had been using his cellphone while driving that day, however the judge could not find beyond reasonable doubt that he was using it at the time of the crash.
Gosse said this was her first case involving an alleged texting while driving causing death.
“But sadly, it is not all that uncommon," she said. End Quote
It is my firm hope that there will be an appeal.
The OCC - Ontario Confederation of Clubs does not appear to be on the rampage about this verdict, but from my personal experience with them -they appear to focus more on 1% issues than ALL rider's rights issues.
Regardless I would have thought that they would be outraged and sitting on the steps of their provincial legislature asking for the judge's decision to be reviewed or for a retrial.
I would have thought we'd see a statement or a press release, but nothing anywhere that I could find.
We NEED a national riders rights organization - a watch dog - someone to protect our rights as citizens and human beings.
Just because this happened in Ontario does not mean riders from other provinces can't have an impact.
The more we flood the Attorney General's office with letters of outrage - the more likely a review of the case will take place. PLEASE - take 5 minutes and DO SOMETHING....
So - how can we, Joe Q Citizen have any impact on this particular injustice?
Write to the Attorney General of Ontario:
The Honourable John Gerretsen, Attorney General:
E-mail at attorneygeneral@ontario.ca
Mailing address:
Ministry of the Attorney General
McMurtry-Scott Building
720 Bay Street, 11th Floor
Toronto, ON
M7A 2S9
You could also flood the Crown Council's Telephone Lines in Barrie asking for an appeal:Ministry of the Attorney General
McMurtry-Scott Building
720 Bay Street, 11th Floor
Toronto, ON
M7A 2S9
Barrie Crown Attorney’s Office - (705) 739-6188
UPDATE - here is my letter to the Attorney General:
Dear Honourable John Gerretsen, Attorney General of Ontario,
The Justice system failed motorcyclists and all victims of distracted driving yesterday with the ruling by Justice Cory Gilmore in the case of Michael Rogers, a 24 year old who was, by his own admission texting and driving, crossed the centre line and killed one rider and injured 3 others.
According to the article in the Barrie Examiner today:
Crown attorney Dave Russell argued that Rogers was looking at a text message on his cellphone as he swerved out of his lane into the path of the riders.
Defence lawyer Lydia Riva argued Rogers committed no crime, but rather the tragic incident was a “moment of inattention,” and not an act of dangerous driving as defined by the Criminal Code. End Quote
Distracted driving is an offence and according to a Ministry of Transport statement on their website: http://www.mto.gov.on.ca/english/safety/distracted-driving/index.shtml
There is a ban on hand held cellular device use while driving in Ontario.
Would you please explain how using a hand held cellular device to read a text is not distracted driving, which is also dangerous driving?
Why was it is not considered Dangerous Driving causing death and causing bodily harm in this case?
If the person had been drinking it would be, would it not?
If the person had been stoned it would be would it not?
Why is this case any different?
What can be done to force an appeal?
I am a moto journalist who travels by motorcycle in Ontario usually once per year. I will be sharing your response with the riding community of Canada. Thank you
Thank you Belt Drive Betty,
ReplyDeleteI sent my email today.
Betty - there was a case here which is in the appeal process right now where a woman killed a motorcyclist July 2011 while she was under the influence of drugs and alcohol. She received a 1 day sentence, plus probation and driving prohibition. She was already on prohibition from driving and breached probation. She only served 1 hour of her sentence. This is outrageous. Our government needs to make laws and penalties tougher for drinking & driving and distracted driving. It is simply not enough.
ReplyDeleteSee link http://www.timescolonist.com/news/local/one-day-in-jail-not-enough-for-woman-who-killed-motorcyclist-court-told-1.81946
If you are new to our blog or have never visited our web site; www.beltdrivebetty.com you would probably have no idea that we have be following the Tracey Dawn Smith closely - but we have. Thanks
ReplyDeleteThis is cool!
ReplyDelete