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$750 fine for SMIDSY - Is it fair?

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  • $750 fine for SMIDSY - Is it fair?

    The female car driver is no doubt traumatised. This is a tragic accident all round. The driver 'was doing nothing wrong' except not paying enough attention.

    You get a heavier fine for doing a burn-out in an industrial area at 9pm on a Sunday.

    Is this fair? Is this right? Is this a deterrent?



    Driver fined over fatal accident on the Geelong-Ballan road | The Courier
    Whatcha gonna do? Rap is not afraid of you
    Beat is for Sonny Bono, beat is for Yoko Ono

  • #2
    No, take her licence away for the rest of her life (at the very least that is).
    Last edited by CharlieAlpha; 04-02-2013, 10:13 AM.
    Originally posted by Commander Keen
    "IF YOU DONT LOVE ROSSI YOU'RE A TERRORIST!!!!1!!1!one"

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    • #3
      No excuse for not seeing the motorcyclist...Just another example of our failed training system (hardly any emphasis on motorcyclists or any other vehicle aside from a car)... RIP
      Originally posted by Rich...
      You got me in trouble...

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      • #4
        Re: $750 fine for SMIDSY - Is it fair?

        It's a start, it also confirms liability where insurance and civil proceedings are involved, without going into what would be a fair or just penalty the driver has had it confirmed that it was their fault and has to live with it rather than a slap on the wrist alone.
        Do you remember the good old days before the internet?

        when arguments were only entered into by the physically or intellectually able.

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        • #5
          Not at all.
          $750 fine for causing a death. Oh the driver is traumatised, I should bloody hope so. I wonder how the family of the deceased are feeling right now?
          How highly do they really regard motorcyclist.
          RIP

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          • #6
            Re: $750 fine for SMIDSY - Is it fair?

            There's no excuse in these times for "smidsy". Motorcycle sales have shot through the roof. Pay more attention on the roads or catch public transport. $750 does not justify a death by "smidsy".

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            • #7
              "doing nothing wrong", apart from the killing someone

              being responsible is seen as being more important than being safe- you can drive around killing people with incompetence with little or no repercussion so long as you werent drunk, stoned or doing something that falls foul of the wowser laws at the time.

              i try not to think about it because it makes my blood boil.
              Originally posted by Bendito
              If we get to a stop and we are missing a dozen bikes and you are last, it was your fault. Don't be that guy. No one likes that guy.

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              • #8
                Originally posted by g0zer View Post
                you can drive around killing people with incompetence with little or no repercussion so long as you werent drunk, stoned or doing something that falls foul of the wowser laws at the time.
                Although I do not condone drinking and driving, and I'm quite sure the judge believed the driver in the aforementioned accident is truly sorry - The law seems really good at punishing you when you haven't really done anything 'bad' (ie: Killing someone), but somehow more ineffective when you have have killed someone, or stolen something or beaten an old lady.

                Example - I drive through a yellow light, I get booked - have to go to court to defend myself. vs. Man breaks into my car, police let him go as they only have 'circumstantial' evidence.

                Something is wrong my friends.
                Whatcha gonna do? Rap is not afraid of you
                Beat is for Sonny Bono, beat is for Yoko Ono

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                • #9
                  $750 is definitely not enough punishment. But then she didn't set out to hurt anyone, she just did something dumb. I would like to see the hate directed at violent people.

                  Another interesting case is the woman who took her whining kids for a drive in the car to put them to sleep. She left one in the car because she didn't want to wake it up. She went and watched TV and feel asleep and the kid cooked. What is fair punishment for that extreme act of stupidity?
                  -

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                  • #10
                    Every one of us is guilty of doing what she did / didn't do. Only difference is timing - and her shitty luck.

                    Put yourself in her shoes before you break out the torches and pitch forks. Really put yourself in her shoes. Normal drive to the shops, pull out into a street after a quick glance, BAM. Dead pillion, critically injured rider, smashed car and bits of bike everywhere. Ambos, cops, the works. What the fuck just happened?

                    Fast forward to court. What the fuck just happened? What, really, did I do wrong? I know I'm going to be dealing with this for the rest of my life. Should I lose my licence over it - I'm a good driver normally! Should I go to gaol? I'm no criminal now, but I'd certainly learn how to be one there! Is a fine and points for careless (which is all I've really done) on top of what I'm going to go through psychologically over the next weeks, months, years sufficient?

                    PSB - put yourself in her shoes. And then tell us what you think should be done to you.

                    In other news, why didn't the rider go around her? Quiet country road, there surely would have been room. Perhaps the rider wasn't paying much attention, either?
                    "Once upon a time we would obey in public, but in private we would be cynical; today, we announce cynicism, but in private we obey."

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                    • #11
                      So she didn't see a headlight?
                      Head so far up her arse or didn't really look past a glance.
                      Dangerous driving occasioning death sounds more fitting

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                      • #12
                        Originally posted by captain starfish View Post
                        words

                        in other news, why didn't the rider go around her? Quiet country road, there surely would have been room. Perhaps the rider wasn't paying much attention, either?
                        ^^^^ WCSS ^^^ plus maybe going to fast themselves?

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                        • #13
                          And yes, I was a metro truck driver for ten years solid...

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                          • #14
                            $750 for taking somebodies life because you were negligent is pretty shit.
                            Feel sorry for the victims family.
                            Riding - Living the dream...

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                            • #15
                              [MENTION=17757]Gangus[/MENTION]: so you're telling us that every time you are in a car and approach an intersection, you come to a complete stop and actively scan each direction? Because, if so, you're either lying or you're superman. Normal people slow down and scan quickly, looking for movement. Lights or no, it can be hard to see a bike. Add the flicker of sunlight through the trees and it can be very hard to spot them even when you are looking. Add the fact that it's a quiet intersection where you wouldn't expect to see another vehicle normally and most of us probably wouldn't look that hard.

                              It's a sad reminder of why, as motorcyclists, we need to be always vigilant and ready to compensate for other road users' mistakes: because we are ultimately the ones who pay for them.

                              Again: $750 doesn't sound like much. But put yourself in her seat, it's not hard to visualise. What do you think a fair punishment would be? There's no intent to cause harm, massive fines will do nothing to deter other drivers from the same lapse (because in our own minds we're all​ "good" drivers so these things don't apply to us). Apart from revenge, what's the good in ruining another life?
                              "Once upon a time we would obey in public, but in private we would be cynical; today, we announce cynicism, but in private we obey."

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