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PostPosted: Wed Jan 30, 2008 13:14 
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Valle Crucis wrote:
anton wrote:
If this was car v car who would they be prosecuting?


You can't really prosecute a corpse, so I'm assuming you mean that both drivers survive?


sorry, yes obviously...


and senario3: HGV running a red v car texting
If the car driver had died they would be prosicuting the HGV...
So do you just prosicute the heavier vehicle?

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PostPosted: Wed Jan 30, 2008 13:44 
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Twister wrote:
It won't stop the texts being sent by accident, but if you store a "safe" number (e.g. your own mobile number) as the first entry in your contacts, at least it'll stop such errant texts/calls being routed to unwilling recipients.


My phone sorted itself out, it managed to create a new contact called "5" with a phone number of 551 and now just texts that instead.

Yeah, I should lock it manually, but I got used to the autolock feature of my old phone


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PostPosted: Wed Jan 30, 2008 17:21 
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It can easily take 5-10 seconds between pressing the "send message" button and the message getting to the cell site.

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PostPosted: Wed Jan 30, 2008 22:36 
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ed_m wrote:
there's no defence angle given there to suggest she wasn't texting.. in fact there's no defence side given at all (balanced journalism anyone?).

whilst running a red on any form of transport is clearly illegal, surely its just the kind of hazard an alert drive is on the lookout for? be it car, cycle or pedestrian.


Highway Code is pretty darned clear on this .. as in

YOU MUST OBEY Do read rules 69 -71 of the NEW version. :roll: and rule 81 :roll:


As far as I am aware the law does apply to ALL road users on this one :banghead:

There is no proof she was abover 30 mph either. No cam or police officer verified this.

There is evidence of a text message received.. but whilst the article alleges :roll: that she "replied".. this has to be proven beyond doubt. :roll: If she was texting .. then yes - her actions were very dangerous. But this danger and irrepsonsibilty would apply had she been cycling and collided with another road user.

But the red light jumper was still illegal and this case proves to me exactly why we should not even think of jumping them however we travel. We cannot afford to run that risk. It's that simple and red light cams? I am not as bothered by those as traffic lights are very much a MUST obey. It's a good job me and Wildy chose our professions in medicine as had we gone the BIB route.. we would have been deemed very unpleasant to any red light jumper. :lol:

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PostPosted: Wed Jan 30, 2008 23:04 
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anton wrote:
Controversial case, texting driver kills red light cyclist.


I read the story, where does it suggest the cyclist had jumped a red light?


Edit, I see in the continued story that he had stopped, but then carried on through the red light, but I wonder how you got to this conclusion from the first story?


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PostPosted: Wed Jan 30, 2008 23:33 
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weepej wrote:
anton wrote:
Controversial case, texting driver kills red light cyclist.


I read the story, where does it suggest the cyclist had jumped a red light?


Edit, I see in the continued story that he had stopped, but then carried on through the red light, but I wonder how you got to this conclusion from the first story?



He still went through on a red light. Prosecution per the article concedes she was in the right on the "green". I do not think they can prove the speed .. but can prove the texting from phone records. I do not ever condone use of these hand held or texting phones whilst either cycling, riding or driving and tend not to if on foot anyway. :roll:

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PostPosted: Wed Jan 30, 2008 23:55 
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Hang on, if she was writing a text message at the time of the accident it wouldn't have been sent. Sending it requires pressing the send button. Then it takes at least 5 seconds for the phone to open a channel to the cell site and send the message.
This is strange.

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PostPosted: Thu Jan 31, 2008 00:15 
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Exactly.. the burden of proof beyond reasonable doubt is really open to question. Lights on green. They cannot prove speed and can only assume she responded to the text message allegedly received. It is only if she pressed the send button and then we are down to timing here given standard timing of traffic light sequences. :popcorn:

I think- might be room for appeal if convicted here. We need stronger proof in reality of serving justice for all in any case presented to a judge.

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PostPosted: Thu Jan 31, 2008 09:31 
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Quote:
Mr Jenkins alleged that shortly before the crash, her estranged husband had sent her a text. It read: "I hope ur up, have no bread if you want a sandwich, just let me know."


Quote:
DC Stephen Case described how he had determined their order and timing after examining her Samsung mobile phone.

The officer - who is based with the communications intelligence unit at Netley - was handed a summary of the network times of phone calls and messages on her phone.

The sequence began at 7.08.08 with a text message from Chris Coultas to his estranged wife. Forty-seven seconds later she sent a text back.

The court heard Coultas then dialled her current boyfriend but no message was recorded, either because she terminated it or there was no connection, and then immediately phoned the emergency services.


It seams that her phone was not interrigated or any texts sent were blank or deleted. We have the text for the received text, but not the sent text, then she rang her partner, then the ambulance.

ONE SENARIO: A text was received, she hit cyclist, went to use phone, fumbled about trying to get rid of text , it sent a blank reply, thenn fumbling rang number of text sender, she cut it off, then rang 999.

OR... Shes guilty

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“It has never been the rule in this country – I hope it never will be - that suspected criminal offences must automatically be the subject of prosecution” He added that there should be a prosecution: “wherever it appears that the offence or the circumstances of its commission is or are of such a character that a prosecution in respect thereof is required in the public interest”
This approach has been endorsed by Attorney General ever since 1951. CPS Code


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weepej wrote:
anton wrote:
Controversial case, texting driver kills red light cyclist.


I read the story, where does it suggest the cyclist had jumped a red light?


Edit, I see in the continued story that he had stopped, but then carried on through the red light, but I wonder how you got to this conclusion from the first story?


choose your arguments more carefully wee :wink:

first story wrote:
Jurors heard that Jordan, who lived in Woolston Road, Netley, had momentarily stopped at the traffic lights but then went through them when they were red.


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PostPosted: Thu Jan 31, 2008 14:10 
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Ziltro wrote:
Hang on, if she was writing a text message at the time of the accident it wouldn't have been sent. Sending it requires pressing the send button. Then it takes at least 5 seconds for the phone to open a channel to the cell site and send the message.
This is strange.


Yup, and this is West Quay Road we're talking about, 10 seconds earlier she was probably at the previous junction, towards the end of a red-light phase that was several minutes long.

Plenty of time to write a text message safely there, sadly it's still illegal under the current laws (I once had BIB have a quiet word with me because I pulled over off the main road into a residential street, parked up, handbrake on and THEN answered my phone, apparently I had to have my engine off as well[1]) so probably not much of a defence.

It's going to be a tough one to prove when the message was written, it's basically impossible, hell she could have written it at the red light, then it changed before hitting send, then after the accident she hit send in order to get rid of the message and allow the 999 call.

[1] I guess I should be thankful they didn't give me 3 points for it to get their stats up. Presumably because by parking up first I was showing that I did attempt to comply with the new law?


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PostPosted: Thu Jan 31, 2008 14:59 
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day 3


Quote:
Daily Echo News
<<Back to index
Death crash driver denies sending text
By John Hoskins

Kiera Coultas
A HOTEL manageress who knocked down a teenage cyclist in a fatal accident at a major Southampton road junction has denied she was texting her estranged husband at the time.

Kiera Coultas rejected the prosecution's case that she had been responsible for the accident because she was speeding and not paying attention to the road.

It is alleged that Coultas was replying to a text message from her estranged husband when the accident happened shortly after 7am on February 7 last year at the junction of Mountbatten Way and West Quay Road.

It is accepted by both the prosecution and defence that the victim - who had not been wearing a crash helmet - had gone through red lights in Mountbatten Way.

He was about two thirds over the junction when he was struck by Coultas's BMW. She has admitted she was doing 45mph in a 30mph limit when she drove out of West Quay Road.

Jordan Wickington, 19, who lived in Woolston Road, Netley, died hours later in hospital from head injuries.

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Coultas admitted at Southampton Crown Court that she had received three fixed penalty tickets for speeding - two of them were committed in West Quay Road.

She told jurors she had spent the night with her boyfriend at his Ocean Village house and was going back home to pick up her daughter so her husband could go to work.

"I was under no pressure of time to get there,'' she told the court.

At the junction, the lights in West Quay Road were green and as she looked to her right, she saw stationary cars in Mountbatten Way.

The next thing I remember was something in front of me. It was a bike and rider on the windscreen.
Kiera Coultas

Wiping away tears, she told the court: "The next thing I remember was something in front of me. It was a bike and rider on the windscreen.'' Asked by defence lawyer Ian Hope whether she had time to take evasive action, she replied: "No.'' He asked her: "Did you text your husband while you were driving that car that morning?'' She answered: "No.'' Mr Hope asked: "Could you possibly have texted him before you got into the car that morning?'' Coultas replied: "Quite possibly.'' The court has been told her phone was seized by the police after the accident and she told jurors the first she knew of her husband's text was in June when she was re-interviewed.

In cross-examination, prosecutor David Jenkins questioned why she had not seen the cyclist.

Coultas said: "I think there are quite a lot of reasons. The time of day, the clothing he was wearing.'' Mr Jenkins concluded by asking Coultas: "I suggest you were making a text message and as a result you were not paying attention to the road.'' She replied: "I don't agree.'' The barrister then suggested: "This accident was caused by a combination of errors - one, your excessive speed; two, you were not paying attention to the road.'' Again she replied: "I don't agree.'' Coultas, of Frost Lane, Hythe, denies causing death by dangerous driving.


I am going off radar tomorrow... It would be good if someone could capture and post it. Anton

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“It has never been the rule in this country – I hope it never will be - that suspected criminal offences must automatically be the subject of prosecution” He added that there should be a prosecution: “wherever it appears that the offence or the circumstances of its commission is or are of such a character that a prosecution in respect thereof is required in the public interest”
This approach has been endorsed by Attorney General ever since 1951. CPS Code


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PostPosted: Thu Jan 31, 2008 15:05 
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The court has been told her phone was seized by the police after the accident.


Can we expect mobile phones to be impounded after accidents as a matter of course now or did the police have special reason to suspect use of a mobile at the time?

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PostPosted: Thu Jan 31, 2008 20:42 
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ed_m wrote:
weepej wrote:
anton wrote:
Controversial case, texting driver kills red light cyclist.


I read the story, where does it suggest the cyclist had jumped a red light?


Edit, I see in the continued story that he had stopped, but then carried on through the red light, but I wonder how you got to this conclusion from the first story?


choose your arguments more carefully wee :wink:

first story wrote:
Jurors heard that Jordan, who lived in Woolston Road, Netley, had momentarily stopped at the traffic lights but then went through them when they were red.


Hands up, I re-read that twice before posting that question.


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PostPosted: Thu Jan 31, 2008 21:20 
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The barrister then suggested: "This accident was caused by a combination of errors - one, your excessive speed; two, you were not paying attention to the road.''


How could speed possibly have played any part in causing this accident? She didn't see the cyclist before she hit him, therefore she could not have even attempted to brake or take evasive action. That being the case, she would have hit him regardless of whether she was doing 10mph or 100mph - had she been at the same place at the same time, that is. Except that she wouldn't have been at the same place at the same time had her speed been any different from what it was, but that's beside the point.

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PostPosted: Thu Jan 31, 2008 21:31 
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Hang on! This is starting to stink!
Quote:
Coultas said: "I think there are quite a lot of reasons. The time of day, the clothing he was wearing.'' Mr Jenkins concluded by asking Coultas: "I suggest you were making a text message and as a result you were not paying attention to the road.'' She replied: "I don't agree.'' The barrister then suggested: "This accident was caused by a combination of errors - one, your excessive speed; two, you were not paying attention to the road.'' Again she replied: "I don't agree.'' Coultas, of Frost Lane, Hythe, denies causing death by dangerous driving.


Mr Jenkins seems a very partial prosecutor, doesn't he?

Apparently in his rather bizarre world it is perfectly acceptable for cyclists to drive through red lights in the teeth of oncoming traffic!

And what clothing was the cyclist wearing? Something nice and reflective? Was he wearing a safety helmet? Did he have lights on his bike? Or not?

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PostPosted: Thu Jan 31, 2008 22:09 
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Thatsnews wrote:
Mr Jenkins seems a very partial prosecutor, doesn't he?


Its the prosecutor's job to do this, they often make a series of quick fire assertions, doesn't mean they are true, that's for judge and jury to decide.

Thatsnews wrote:
Apparently in his rather bizarre world it is perfectly acceptable for cyclists to drive through red lights in the teeth of oncoming traffic!


Don't see how he's suggesting that.

However, it's not acceptable, neither is it acceptable to charge through green lights either, green means "proceed with caution".

I often see people going for green lights and then only start looking around and observing again once they are through them.


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PostPosted: Thu Jan 31, 2008 22:13 
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Pete317 wrote:
How could speed possibly have played any part in causing this accident?


If somebody gets hit at 10mph though the results are likely to very very different.

Also, the faster you go the further you travel whilst not looking, if you're not looking.

If I'm going 30 and look down for five seconds I'll have travelled so far, if I'm going 45 I will have travelled much further, increasing the statistical chances of coming across something in my path.

Both are silly things to do mind you.


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PostPosted: Thu Jan 31, 2008 22:44 
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weepej wrote:
Pete317 wrote:
How could speed possibly have played any part in causing this accident?


If somebody gets hit at 10mph though the results are likely to very very different.

Also, the faster you go the further you travel whilst not looking, if you're not looking.

If I'm going 30 and look down for five seconds I'll have travelled so far, if I'm going 45 I will have travelled much further, increasing the statistical chances of coming across something in my path.

Both are silly things to do mind you.


But Weepej, what if a driver is proceeding with caution?
What if a cyclist decides -for whatever reason- to suddenly shoot out virtually under the wheels of oncoming traffic? Then it would not matter WHEN you first saw the cyclist. As it would be virtually instantaneous.

Even if struck at 10 to 20mph the chances are that such a cyclist may very well end up dead. Or at best badly injured.

Further questions need to be asked. Was the cyclist wearing and using a music player? Was HE using a phone?

It is the job of the prosecutor to establish the facts of the case so that the jury can decide what happened.

It is not -imo- the job of the prosecutor to use pretence, theorising and being economical with the truth in order to gain a dodgy conviction.

There is one key fact that the prosecution has chosen to ignore for its own reasons. The cyclist broke the law.

If the cyclist had broken the law and decided to cycle through a red light on a pedestrian crossing and knocked down a pedestrian, then -rightly- he would have been prosecuted for doing so.

Sadly the cyclist broke the law and paid a very heavy price for having done so.

But as he is dead they decided to prosecute the survivor of the crash, the car driver.

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Last edited by Thatsnews on Thu Jan 31, 2008 22:47, edited 1 time in total.

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Pete317 wrote:
How could speed possibly have played any part in causing this accident?


if she was doing 45 vs 30...... then she had 1/3 less time to observe the junction.


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