Unlicensed driver kills cyclist, fined £93

http://tinyurl.com/denismoore

The driver had never had a full license but it's OK because it was
only a "momentary lapse of concentration".

--
Guy

Just zis Guy, you know? wrote:
http://tinyurl.com/denismoore

The driver had never had a full license but it's OK because it was
only a "momentary lapse of concentration".

There were mitigating circumstances:

But Moore, 50, of Byron Terrace, Houghton-le-Spring, near Sunderland, escaped jail after the court was told Mr Jorgensen had not been wearing a safety helmet.

Moore, who became the first defendant at Durham Crown Court to admit the relatively new charge of causing death by careless driving, was told by Judge Richard Lowden that Mr Jorgensen's failure to wear a helmet was a "mitigating factor".

On Mon, 11 May 2009 11:49:13 -0700 (PDT), "Just zis Guy, you know?"
wrote:

http://tinyurl.com/denismoore

The driver had never had a full license but it's OK because it was
only a "momentary lapse of concentration".

He also had to pay a victim surcharge of £15 - on top of the £93 fine.

On 11 May, 21:49, Tom Crispin
wrote:
On Mon, 11 May 2009 11:49:13 -0700 (PDT), "Just zis Guy, you know?"

wrote:
http://tinyurl.com/denismoore

The driver had never had a full license but it's OK because it was
only a "momentary lapse of concentration".

Huhh! 8 years "lapse of concentration."


He also had to pay a victim surcharge of £15 - on top of the £93 fine..


"The judge added: “No sentence I can pass can equate or is intended to
equate to the worth of Mr Jorgensen’s life.”"

So I shan't even try.

Second-class citizens.

On 11 May, 19:49, "Just zis Guy, you know?"
wrote:
http://tinyurl.com/denismoore

The driver had never had a full license but it's OK because it was
only a "momentary lapse of concentration".


And it's interesting how the helmet angle was featured by the
newspaper from the start:-

"County Durham cyclist dies two weeks after crash

Oct 10 2008 By Dan Warburton

A CYCLIST who was hit by a car in County Durham has died two weeks
after the accident.

James Jorgensen, 55, from Hunstanton, Seaham, was not wearing a helmet
when he was struck by a red Hyundai shortly after 6pm on September 24.

The accident took place at the junction between Stoneycroft Way and
North Road in Seaham, County Durham.

Mr Jorgensen died on Wednesday evening after intensive treatment in
Newcastle General Hospital.

The 44-year-old driver of the car was uninjured in the incident, as
was the 40-year-old female passenger and her six-year-old daughter.

Police are appealing for any witnesses to come forward."

I wonder if there was any expert evidence at the trial?

On 11 May, 20:04, Martin wrote:
Just zis Guy, you know? wrote:

http://tinyurl.com/denismoore

The driver had never had a full license but it's OK because it was
only a "momentary lapse of concentration".

There were mitigating circumstances:

But Moore, 50, of Byron Terrace, Houghton-le-Spring, near Sunderland, escaped jail after the court was told Mr Jorgensen had not been wearing a safety helmet.

Moore, who became the first defendant at Durham Crown Court to admit the relatively new charge of causing death by careless driving, was told by Judge Richard Lowden that Mr Jorgensen's failure to wear a helmet was a "mitigating factor".

The Northern Echo report has:-
"Judge Richard Lowden said: “No sentence I can pass can equate in any
way with the worth of Mr Jorgensen’s life.”

But he added that, “an unattractive” feature for the bereaved family
was the fact Mr Jorgensen was not wearing a helmet."

Not the only unattractive feature of the case. How can this be such an
overwhelming mitigating factor that the motorist escapes going to
jail? Where is the sense of proportion here?

On 11 May, 21:49, Tom Crispin
wrote:
On Mon, 11 May 2009 11:49:13 -0700 (PDT), "Just zis Guy, you know?"

wrote:
http://tinyurl.com/denismoore

The driver had never had a full license but it's OK because it was
only a "momentary lapse of concentration".

He also had to pay a victim surcharge of £15 - on top of the £93 fine..

Interesting -
"was told by Judge Richard Lowden that Mr Jorgensen’s [the
killed cyclist] failure to wear a helmet was a “mitigating factor”."

As yes, he was asking for it.

"A MOTORIST who had driven for eight years without ever
passing a test escaped jail after killing a cyclist."

This would appear not to be much of an aggrevating
factor.

Momentary lapse trumps eight years of criminal behaviour.
Get out of jail free.

I'll be writing to the CPS and my MP for starters. They
clearly need to appeal the sentence.

Just zis Guy, you know? wrote:
http://tinyurl.com/denismoore

The driver had never had a full license but it's OK because it was
only a "momentary lapse of concentration".

Carlton Reid rants beautifully about this on The Spokesmen podcast,
available at

http://www.the-spokesmen.com/wordpress/

Beware of David Berstein, he's a bit pro helmet, but apart from that,
sensible stuff.

Tim

--
My hearts numbered beat | Greetings from Birmingham, UK
Still echoes in this empty room |All about me: www.nervouscyclist.org
Fear wells in me, but nothing seems| Is your ISP pimping your data?
Enough to defend Dave Matthews| www.badphorm.co.uk

Just zis Guy, you know? wrote:
http://tinyurl.com/denismoore

The driver had never had a full license but it's OK because it was
only a "momentary lapse of concentration".

What, "OK", you say?

Hardly...

QUOTE:
He added that his remorse was so deep that he had tried to commit suicide
after the incident.

The judge sentenced him to 24 weeks in jail, suspended for 12 months, ordered
him to be electronically tagged to stay at home between 8pm and 7am for the
next three months, and banned him from driving for two years, after which he
must sit an extended test.
ENDQUOTE

24 weeks in prison (suspended), electronic tagging for 12 months and a
two-year driving ban for doing something that's "OK"?

God help any of us who do something that's not "OK", eh?

wrote:

"Just zis Guy, you know?" wrote:

http://tinyurl.com/denismoore
The driver had never had a full license but it's OK because it was
only a "momentary lapse of concentration".

And it's interesting how the helmet angle was featured by the
newspaper from the start:-

"County Durham cyclist dies two weeks after crash
Oct 10 2008 By Dan Warburton
A CYCLIST who was hit by a car in County Durham has died two weeks
after the accident.
James Jorgensen, 55, from Hunstanton, Seaham, was not wearing a helmet
when he was struck by a red Hyundai shortly after 6pm on September 24.
The accident took place at the junction between Stoneycroft Way and
North Road in Seaham, County Durham.
Mr Jorgensen died on Wednesday evening after intensive treatment in
Newcastle General Hospital.
The 44-year-old driver of the car was uninjured in the incident, as
was the 40-year-old female passenger and her six-year-old daughter.
Police are appealing for any witnesses to come forward."

I wonder if there was any expert evidence at the trial?

There probably wasn't any dispute as to whether the cyclist was dead, and the
defendant pleaded guilty, meaning (though you obviously don't know or
appreciate this) that there was no "trial" - just a hearing.