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PostPosted: Sat Mar 05, 2005 22:40 
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A driver who knocked down a motorcyclist and drove off with the victim's foot embedded in his car bumper has been jailed for two months.

Peter Dearing, 23, sped off from the crash in Blackburn, Lancashire, leaving Richard Sholl screaming in agony.

Dearing, of Read, Burnley, rang police after finding the foot in the bumper of his car, Blackburn magistrates heard.

He admitted driving without due care and attention, failing to stop after an accident and driving without insurance.

Dearing, a law student, also admitted driving with faulty brakes and steering, and to driving illegally with a provisional licence, which he obtained following a previous disqualification.

The court heard Dearing had eight points on his provisional licence when he crashed into Mr Sholl, 37, last October.

On Friday he was jailed for two months, banned from driving for two years and ordered to pay £300 compensation.

The court heard that Mr Sholl was riding his Honda along Yew Tree Drive in Blackburn when Dearing's grey Volvo estate veered into the outside lane and hit him.

When Dearing drove off, a motorist came to help Mr Sholl, who had to have his leg amputated.

In a statement to the court, Mr Sholl said: "My left foot is gone forever.

'Heard screaming'

"I am going to be stuck like this through no fault of my own. I feel so frustrated.

"All this has happened because of a selfish, stupid, illegal driver who left me alone injured in the road."

Sophie Lorimer, prosecuting, said: "Dearing must have known that this was a serious injury because he told a policeman he could hear the screaming."

Paul Schofield, defending, admitted that Dearing had "a poor attitude to licences and insurance".

and they call this justice? This is why we need mor BiB not scams....

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PostPosted: Sun Mar 06, 2005 23:37 
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Are the courts insane or just plain stupid? He was driving on a provisional license after being disqualified, so they ban him again :roll: . The only length of time they can be sure this idiot won't be driving is the two months he'll be inside for.

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PostPosted: Mon Mar 07, 2005 22:30 
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Res ipsa loquitur

FACTS FROM THE WITNESS STATEMENT OF RICHARD SHOLL

Riding Honda CB500

On dual carriageway

It was dark

Street lights were on

Displaying dipped headlight

It was raining quite heavily

Travelling in lane 2 probably overtaking vehicles

50mph speed limit

EXTRACT FROM WITNESS STATEMENT OF RICHARD SHOLL READ TO MAGISTRATES

“As I was approaching Whinney Lane I saw a car reversing out of the driveway of a house on the left. I saw a pair of red lights coming into Lane 1. I immediately recognised the lights as belonging to Volvo 245, as I used to work in a Volvo dealership. I was probably about 150 metres from him.

I first thought “WHAT IS THIS CLOWN DOING REVERSING ONTO A DUAL CARRIAGEWAY.” As I was some distance away I was able to think what actions the Volvo driver would take.

I thought that he would set off and turn left into Whinney Lane towards Mellor, or go straight on towards Brownhill. If the Volvo was going to turn right into Whinney Lane towards Lammack, I felt that my speed and the flexibility of the Motor bike engine would see me safely passed.

I maintained my speed and stayed in Lane 2. I thought that even if the Volvo did want to turn right I thought that he would not turn at such a sharp angle as to cause me problems.

I was alongside the Volvo when out of the corner of my eye I saw the Volvo moving towards me and I managed to move slightly to the right when the Volvo hit me.”

FURTHER FACTS FROM THE STATEMENT OF RICHARD SHOLL

Almost straight away some passers by came to my aid

I undertook an Institute of Advanced Motorists Riding Test and passed.



EXTRACTS FROM THE HIGHWAY CODE (Revised 2004)

139 Overtake only when it is safe to do so. You should
-not get too close to the vehicle you intend to overtake
-take extra care at night and in poor visibility when it is harder to judge speed and distance

142 DO NOT overtake if there is any doubt

143 DO NOT overtake where you might come into conflict with other road users. For example
-approaching or at a road junction on either side of the road

187 It is often difficult to see motorcyclists

202 In wet weather
-the rain and spray from vehicles may make it difficult to see and be seen

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PostPosted: Tue Mar 08, 2005 09:38 
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Mr Dearing should not have been on the road. Unroadworthy car, driving on a provisional license and without insurance. He also obviously didnt look properly over his right shoulder before making the manouver and the how on earth he failed to realise he had been involved in a collision is beyond me!

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PostPosted: Tue Mar 08, 2005 09:44 
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GSXR wrote:
Mr Dearing should not have been on the road. Unroadworthy car, driving on a provisional license and without insurance. He also obviously didnt look properly over his right shoulder before making the manouver and the how on earth he failed to realise he had been involved in a collision is beyond me!

It does appear to me that in this case the sentence was too lenient.

Indeed, whenever you do get an over-lenient sentence, it does seem to relate to an unlicensed driver. The courts, for some reason, seem to regard inexperience as a mitigating factor.

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Any views expressed in this post are personal opinions and may not represent the views of Safe Speed


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