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He's a paraplegic, she loses license for 9 mos.
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What is wrong with this picture?!!!

http://www.standard.net.au/story/2219242/i-just-dont-care-texting-p-plate-driver-hits-cyclist/

A P-PLATE driver who used her mobile phone behind the wheel 44 times before running down a cyclist near Koroit has been fined $4500 and lost her licence for nine months.
Kimberley Davis, 21, of Grant Street, Port Fairy, yesterday pleaded guilty in the Warrnambool Magistrates Court to dangerous driving.
She was originally charged with 47 offences covering each time she had used her phone.
The cyclist suffered a spinal fracture which required surgery and placement in a spinal cage at Melbourne’s Austin Hospital. He was originally told he could be left a paraplegic and spent three months recovering.
He also suffered a broken big toe and lacerations to his head and body.
The court heard that the victim couldn’t believe that Davis rang triple-0 after the accident but refused to offer him help after she parked 100 metres up the road.
Even more stunning was Davis’ answers when interviewed by police two days after the accident and asked about using her phone.
“I just don’t care because I’ve already been through a lot of bullshit and my car is like pretty expensive and now I have to fix it,” she told a police officer.
“I’m kind of pissed off that the cyclist has hit the side of my car. I don’t agree that people texting and driving could hit a cyclist. I wasn’t on my phone when I hit the cyclist.”
Davis had driven from a supermarket in east Warrnambool to just west of Koroit when she hit the cyclist at 7.20pm on September 20 last year on the Penshurst-Warrnambool Road.
The cyclist was on the edge of the road heading west when Davis hit him from behind, despite there being lights on the back and front of his bike.
Records showed Davis used her phone 44 times in her drive from east Warrnambool to Koroit, sending and receiving 22 text messages to seven different phones.
At 7.18pm she received a text message and 51 seconds later made the call to triple-0 after hitting the rider.
Magistrate John Lesser said there were issues surrounding the case of great community significance, especially drivers using mobile telephones.
He noted that Davis’ comments were poorly put when she was interviewed by police.
Mr Lesser noted that yesterday a Terang family business was fined $17,500 with more than $3000 costs after a workplace accident and the injuries caused were not as significant as those suffered by the rider.
The wife of the bike rider was in court for the hearing yesterday and was deeply disappointed Davis did not lose her licence for longer.
Last edited by: ttmonkey: Apr 15, 14 17:19
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Re: He's a paraplegic, she loses license for 9 mos. [ttmonkey] [ In reply to ]
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Dispicable!

People like that driver need to be dealt with properly. NOT good enough.

I replied yesterday about the firefighter triathlete that was killed by a motorist and that the cops had thrown the book at the guy. Not suprising since the cops tend to protect their own.

today I recall that several years ago, a big wig cop was killed while riding his bike to work, and surprisingly very little came of it. Hmmmmm, I might have to look into that one as I would have expected the culprit to have been lynched by the cops.

Several years ago, I had a cousing (and two other cyclists in her bunch) killed by a motorist on the wrong side of the road. That driver got a similar slap on the wrist as your Aussie driver.

This world really is messed up. I'm glad I'm old and don't have to live (or ride) here much longer! :-)

TriDork

"Happiness is a myth. All you can hope for is to get laid once in a while, drunk once in a while and to eat chocolate every day"
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Re: He's a paraplegic, she loses license for 9 mos. [ttmonkey] [ In reply to ]
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This problem with distracted drivers is going to get worse before it gets better- be thankful for every day that you arrive home safely from a ride (or run).

Proud Representative of Slowtwitch Anti-Atheists Society.
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Re: He's a paraplegic, she loses license for 9 mos. [tridork] [ In reply to ]
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tridork wrote:
Dispicable!

People like that driver need to be dealt with properly. NOT good enough.

I replied yesterday about the firefighter triathlete that was killed by a motorist and that the cops had thrown the book at the guy. Not suprising since the cops tend to protect their own.

today I recall that several years ago, a big wig cop was killed while riding his bike to work, and surprisingly very little came of it. Hmmmmm, I might have to look into that one as I would have expected the culprit to have been lynched by the cops.

Several years ago, I had a cousing (and two other cyclists in her bunch) killed by a motorist on the wrong side of the road. That driver got a similar slap on the wrist as your Aussie driver.

This world really is messed up. I'm glad I'm old and don't have to live (or ride) here much longer! :-)

Judges pass sentences. Cops only screen charges, even those are ultimately up to the prosecutor whether or not they're actually filed.


In any case, This woman sounds remorseless and a danger to the community. She deserved jail time, not a license suspension.
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Re: He's a paraplegic, she loses license for 9 mos. [ttmonkey] [ In reply to ]
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I'd sentence her to no phone use for 5 years.
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Re: He's a paraplegic, she loses license for 9 mos. [ttmonkey] [ In reply to ]
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Ha, you guys are kidding!
Running down cyclists is almost a national sport now in Australia and the judicury are (almost) actively encouraging it by way of the pathetic sentences handed down.

Best was to kill someone in this country and not end up in goal is to hit them with your car, especially if they are riding a bike.
Sad, but true.
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Re: He's a paraplegic, she loses license for 9 mos. [ttmonkey] [ In reply to ]
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Make no mistake, Australian drivers, police and those applying the judiary system at large are selfish, ignorant, Ill educated, arrogant excuses for humans......
"Stupid" doesn't even begin to describe the "masses" over here.

1m passing rule became law here last week. The better drivers have got better (the few), the ignorant have not changed one bit.... Well no one ever saw that one coming.... Laws do not fix stupid people...

How you guys in the US don't carry a gun when riding is a testament to your restraint.....
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Re: He's a paraplegic, she loses license for 9 mos. [shadwell] [ In reply to ]
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shadwell wrote:
Make no mistake, Australian drivers, police and those applying the judiary system at large are selfish, ignorant, Ill educated, arrogant excuses for humans......
"Stupid" doesn't even begin to describe the "masses" over here.

1m passing rule became law here last week. The better drivers have got better (the few), the ignorant have not changed one bit.... Well no one ever saw that one coming.... Laws do not fix stupid people...

How you guys in the US don't carry a gun when riding is a testament to your restraint.....

I'm have given some thought on carry while riding due to some crazy experiences, but this person was hit. The only circumstance I could see using a gun to hold someone off would be for someone like this if they came at you with the bat: https://www.youtube.com/watch?v=tK9nzsuXiJE
I'm now looking at adding GoPro or something similar to the rear of my bike to record everything while I ride. Much more damaging when the jury has video evidence.
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Re: He's a paraplegic, she loses license for 9 mos. [shadwell] [ In reply to ]
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Hey Shadwell- big statement - you seem to be generalising or is just your big mouth way
If your an australian - do something constructive about it
Leave if it's so bad
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Re: He's a paraplegic, she loses license for 9 mos. [shadwell] [ In reply to ]
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shadwell wrote:
Make no mistake, Australian drivers, police and those applying the judiary system at large are selfish, ignorant, Ill educated, arrogant excuses for humans......
"Stupid" doesn't even begin to describe the "masses" over here.

1m passing rule became law here last week. The better drivers have got better (the few), the ignorant have not changed one bit.... Well no one ever saw that one coming.... Laws do not fix stupid people...

How you guys in the US don't carry a gun when riding is a testament
to your restraint.....

What sort of a moron are you? You're full of crap. You certainly don't sound like an Aussie and I agree with the other poster about packing your limited intellect and piss poor attitude to this country and hiking it somewhere else. I'm sure most Australians would join me in telling you to just piss off you deadshit.
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Re: He's a paraplegic, she loses license for 9 mos. [Malleeman] [ In reply to ]
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Big statement? Perhaps. Sadly a reflection of the manner in which drivers conduct themselves with all other road users certainly in SE Queensland. Cyclists of all backgrounds are seen as an easy target and treated as such. Over 10 years riding here and it's always been the same....
Re doing something constructive, you can't reconcile with the drivers as they are aggressive, and any discussion would escalate matters ...
So we are left to report incidents to the police which has more often than not lead to nought....
Nothing big mouthed about the above IMO .... Just reflecting the way it is...
Anyhow have a good one..
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Re: He's a paraplegic, she loses license for 9 mos. [gunsbuns] [ In reply to ]
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Your aggressive response seems odd... Or at least out of proportion of the issue being discussed..... Anyway....
Perhaps you could contribute with I presume many examples of exemplary driving and treatment of cyclists by other road users in this country, and hence the better places to ride?
If you haven't been lucky enough to ride in many other continents
I understand how you would have never seen better behaviour by motorists toward cyclists which would prevent you from seeing the shortcomings here.....

Anyway thanks for your opinion and the complement.
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Re: He's a paraplegic, she loses license for 9 mos. [Andrew69] [ In reply to ]
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Andrew69 wrote:

Best was to kill someone in this country and not end up in goal is to hit them with your car, especially if they are riding a bike.
Sad, but true.

Your statement reminds me of a TV show, Quincy, back in the '80s. There was an episode where a guy kills another by running him over in his car and then guzzles a fifth of whiskey and claims he was drunk when he hit him in order to be able to walk away without charges. Back then it was an "acceptable" accident if you killed someone with a car while under the influence. It took a long time for laws to change regarding DUI in this country and hopefully it won't take as long for changing the laws and perceptions about distracted driving.
Last edited by: TJ56: Apr 16, 14 4:57
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Re: He's a paraplegic, she loses license for 9 mos. [gunsbuns] [ In reply to ]
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gunsbuns wrote:
shadwell wrote:
Make no mistake, Australian drivers, police and those applying the judiary system at large are selfish, ignorant, Ill educated, arrogant excuses for humans......
"Stupid" doesn't even begin to describe the "masses" over here.

1m passing rule became law here last week. The better drivers have got better (the few), the ignorant have not changed one bit.... Well no one ever saw that one coming.... Laws do not fix stupid people...

How you guys in the US don't carry a gun when riding is a testament
to your restraint.....


What sort of a moron are you? You're full of crap. You certainly don't sound like an Aussie and I agree with the other poster about packing your limited intellect and piss poor attitude to this country and hiking it somewhere else. I'm sure most Australians would join me in telling you to just piss off you deadshit.

Odd that you took the time to get so fired up about this post rather than the subject of the thread. Maybe shadwell's assessment wasn't so far off?

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Twitter | Kancman | Blog
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Re: He's a paraplegic, she loses license for 9 mos. [shadwell] [ In reply to ]
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This is a sad story about someone getting seriously injured. We (as in you and me) don't know the specific details but from the information posted it seems to be a case of crime Vs penalty.

You decide to have a whinge about all Australian motorists and lump everyone in the same boat. Mate, you're a goose and your comments are the generalisations of an uninformed moron. If I've hurt your feelings pm me your address and I'll send you a box of tissues.
Last edited by: gunsbuns: Apr 16, 14 14:48
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Re: He's a paraplegic, she loses license for 9 mos. [gunsbuns] [ In reply to ]
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You over estimate the value of your comments re hurting my feelings...

And in doing so seem to have revealed more about your aggressive nature than anything else, as observed by others...

Tell you what, you come live and train on the Gold Coast for an extended period and see if you don't end up generalising the aptitude if drivers.

Anyway I'm out as neither my or your posts are adding anything to this thread now...
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Re: He's a paraplegic, she loses license for 9 mos. [shadwell] [ In reply to ]
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In all fairness that's probably a very misleading topic line. Is the cyclist really a paraplegic now?
Last edited by: sharkbait_au: Apr 16, 14 17:50
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Re: He's a paraplegic, she loses license for 9 mos. [sharkbait_au] [ In reply to ]
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? Not sure if i red you right? but i wasn't the OP, and didn't create the topic line...?
So i have no information (other than that which was posted) on the pooor soul tied up in the above accident...
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Re: He's a paraplegic, she loses license for 9 mos. [shadwell] [ In reply to ]
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Oh poo. I buggered that one up. Yes, it was supposed to be aimed at the op. Sorry to have got you involved in my mix-up.
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Re: He's a paraplegic, she loses license for 9 mos. [sharkbait_au] [ In reply to ]
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No worries.
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Re: He's a paraplegic, she loses license for 9 mos. [ttmonkey] [ In reply to ]
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The story gets even better!

The driver was caught DUI between the incident and her court apperance.
Her excuse? She knew she was probably going to lose her licence anyway for hitting the cyclist so didnt care if she got caught DUI

How can anyone reason with someone so stupid?
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Re: He's a paraplegic, she loses license for 9 mos. [ttmonkey] [ In reply to ]
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ttmonkey wrote:
“I just don’t care because I’ve already been through a lot of bullshit and my car is like pretty expensive and now I have to fix it,” she told a police officer.

I don't know what tort law in Australia is like, but here in the US, this twit would be broke as a joke for the rest of her life when a jury handed down a multi-million dollar judgement on her & her wages were garnished until the day she retires.
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Re: He's a paraplegic, she loses license for 9 mos. [JayZ] [ In reply to ]
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Judges pass sentences. Cops only screen charges, even those are ultimately up to the prosecutor whether or not they're actually filed.

I have often wondered if there is a grand conspiracy of sorts, to keep drivers on the road no matter what.


I was in traffic court a few years ago to dispute a parking ticket. They dealt with all the parking tickets first and then all the moving violation and more serious stuff after that. After I was done my bit, I hung around to watch the moving violations. I'd never been to traffic court before. What I saw was very interesting and concerning at the same time. The judge seemed to be very lenient and understanding with these guys(they were all men), many who were repeat offenders, of speeding tickets, dangerous driving and other charges. Reducing set fines and demerit points, and sending these guys back out on the road. I hate to stereotype, but all of these guys fit a certain part - young, and rough looking, with a bit of an attitude.


Steve Fleck @stevefleck | Blog
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Re: He's a paraplegic, she loses license for 9 mos. [ttmonkey] [ In reply to ]
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This is an instance where Rob Schneider from Waterboy needs to come in and say "cut her fawkeeng head off." haha just kidding but really this is the most disgusting thing a person can witness. I just cant fathom how she could be so unphased/insensitive by nearly paralyzing/killing another person just to transport herself from point a to b. I hope the fellow cyclist is back on his feet sooner than later.... so sad.
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