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Charges laid in rural hit and run - dead horse
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PostPosted: Fri Apr 10, 2009 10:47 pm 
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The Star reports that a rural hit-and-run had fatally injured a show-horse, supposedly the next Olympic eventing contender.

Full story here

I mean just what exactly do you have to be doing to ***NOT*** see a horse and not be able to stop? What do you think?

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PostPosted: Sat Apr 11, 2009 12:02 am 
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Well i'm happy they nicked the scumbag!
Stuff like this really gets under my skin.

There was another accident awhile ago, where not one but two horses were killed, the driver wrote the car off, so he had to stick around.
There was no Big story on that!

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PostPosted: Sat Apr 11, 2009 12:44 am 
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BelSlySTi wrote:
There was another accident awhile ago, where not one but two horses were killed, the driver wrote the car off, so he had to stick around.!


Wasn't there a certain police officer who was also charged under 172 who did something similar? Or are we referring to the same incident? I read somewhere that his case was scheduled for March 11 this year, could have changed though.

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PostPosted: Sat Apr 11, 2009 1:01 am 
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I forgot he was a Police officer :lol:

It should be noted that OPP Constable Deyell never had his the cruiser impounded, nor was his licence ever suspended, same union appointed legal rep as Constable Tapp?

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PostPosted: Sat Apr 11, 2009 9:41 am 
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racer wrote:
I mean just what exactly do you have to be doing to ***NOT*** see a horse and not be able to stop?


You have to be a special kind of person to accomplish that. :shock: Especially hitting and killing a horse and seriously injuring the rider. :( A few years ago, a Toronto Police horse named Brigadier was killed in Scarborough when he was deliberately hit by a driver at high speed; the officer was thrown off the horse and seriously injured.


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PostPosted: Sat Apr 11, 2009 10:11 pm 
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The driver has been charged with "Careless Driving" and "Fail to Remain at the Scene of an Accident". He will appear in Owen Sound court on May 14. Looks like a license will be suspended...

The injured horse rider said:
Quote:
the truck was heading down the narrow gravel road at a high speed when she began waving her arms at the driver in an attempt to get him to slow down. The riders moved their horses to the far side of the road, but the driver made no attempt to slow.

"He was going quite fast. I made eye contact, but he wasn't on his side of the road. He didn't move over, he just held his speed and his line and he hit us."

The truck, which had damage to its front driver's side, stopped and the driver and passenger got out.

"He yelled at me something like `what were you doing on the road?' and then got back in his vehicle and drove away,"


He deserves all he's gonna get, if you ask me. I also hope that the injured rider get well soon and that she gets the compensation for the injuries and the horse from the driver's insurance without a hitch. Although the insurance part is less likely to happen...

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PostPosted: Sun Apr 12, 2009 12:18 pm 
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racer wrote:
He deserves all he's gonna get, if you ask me.


I was hoping the guy would get assault or dangerous driving. That is nuts. Sounds like he deliberately hit the horse and rider. Obviously he's completely off his rocker.

But since he wasn't going more than 50 kilometres an hour over the posted speed limit, he'll just get a pat on the wrist.


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PostPosted: Sun Apr 12, 2009 3:05 pm 
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Radar Identified wrote:
racer wrote:
He deserves all he's gonna get, if you ask me.


I was hoping the guy would get assault or dangerous driving. That is nuts. Sounds like he deliberately hit the horse and rider. Obviously he's completely off his rocker.

But since he wasn't going more than 50 kilometres an hour over the posted speed limit, he'll just get a pat on the wrist.


I never said that I agree with the charges completely. I said I agree with what he's charged with. Hitting someone usually results in "Careless" charge. The fact that he hit the rider deliberately may be argued in court.

There is no proof that he wasn't going over 50 km/hr over the posted speed limit. Usually us regular folk have hard time geting hands on radar technology cops use.


I think that he can still (and should be!) be charged with "Racing" based on definition from:

ONTARIO REGULATION 455/07
Quote:
Definition, “race” and “contest”

2. (1) For the purposes of section 172 of the Act, “race” and “contest” include any activity where one or more persons engage in any of the following driving behaviours:


1. Driving two or more motor vehicles at a rate of speed that is a marked departure from the lawful rate of speed and in a manner that indicates the drivers of the motor vehicles are engaged in a competition.

2. Driving a motor vehicle in a manner that indicates an intention to chase another motor vehicle.

3. Driving a motor vehicle without due care and attention, without reasonable consideration for other persons using the highway or in a manner that may endanger any person by,

i. driving a motor vehicle at a rate of speed that is a marked departure from the lawful rate of speed,


ii. outdistancing or attempting to outdistance one or more other motor vehicles while driving at a rate of speed that is a marked departure from the lawful rate of speed, or

iii. repeatedly changing lanes in close proximity to other vehicles so as to advance through the ordinary flow of traffic while driving at a rate of speed that is a marked departure from the lawful rate of speed. O. Reg. 455/07, s. 2 (1).

(2) In this section,

“marked departure from the lawful rate of speed” means a rate of speed that may limit the ability of a driver of a motor vehicle to prudently adjust to changing circumstances on the highway. O. Reg. 455/07, s. 2 (2).



And "Stunt Diving", based on the same OREG:

Quote:
Definition, “stunt”

3. For the purposes of section 172 of the Act, “stunt” includes any activity where one or more persons engage in any of the following driving behaviours:


1. Driving a motor vehicle in a manner that indicates an intention to lift some or all of its tires from the surface of the highway, including driving a motorcycle with only one wheel in contact with the ground, but not including the use of lift axles on commercial motor vehicles.

2. Driving a motor vehicle in a manner that indicates an intention to cause some or all of its tires to lose traction with the surface of the highway while turning.

3. Driving a motor vehicle in a manner that indicates an intention to spin it or cause it to circle, without maintaining control over it.

4. Driving two or more motor vehicles side by side or in proximity to each other, where one of the motor vehicles occupies a lane of traffic or other portion of the highway intended for use by oncoming traffic for a period of time that is longer than is reasonably required to pass another motor vehicle.

5. Driving a motor vehicle with a person in the trunk of the motor vehicle.

6. Driving a motor vehicle while the driver is not sitting in the driver’s seat.

7. Driving a motor vehicle at a rate of speed that is 50 kilometres per hour or more over the speed limit.

8. Driving a motor vehicle without due care and attention, without reasonable consideration for other persons using the highway or in a manner that may endanger any person by,

i. driving a motor vehicle in a manner that indicates an intention to prevent another vehicle from passing,

ii. stopping or slowing down a motor vehicle in a manner that indicates the driver’s sole intention in stopping or slowing down is to interfere with the movement of another vehicle by cutting off its passage on the highway or to cause another vehicle to stop or slow down in circumstances where the other vehicle would not ordinarily do so,

iii. driving a motor vehicle in a manner that indicates an intention to drive, without justification, as close as possible to another vehicle, pedestrian or fixed object on or near the highway, or

iv. making a left turn where,

(A) the driver is stopped at an intersection controlled by a traffic control signal system in response to a circular red indication;

(B) at least one vehicle facing the opposite direction is similarly stopped in response to a circular red indication; and

(C) the driver executes the left turn immediately before or after the system shows only a circular green indication in both directions and in a manner that indicates an intention to complete or attempt to complete the left turn before the vehicle facing the opposite direction is able to proceed straight through the intersection in response to the circular green indication facing that vehicle. O. Reg. 455/07, s. 3.

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PostPosted: Sun Apr 12, 2009 6:20 pm 
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If I was the driver charged, I'd be more concerned with lawsuits than driving charges brought by the crown. This horse was a working horse. The owners could go after the driver for loss of income. The fact that it was an Olympic contender only increases the potential damages that will have to be paid. I'm sure that numerous lawyers have already approached the owners of the horse.


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PostPosted: Sun Apr 12, 2009 6:41 pm 
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Not arguing with you, racer, I was disappointed that the Crown wasn't pursuing more significant charges based on the witness statement.

pinch wrote:
The owners could go after the driver for loss of income.


And they should!


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PostPosted: Sun Apr 12, 2009 6:47 pm 
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I believe that anyone on this forum would have stopped before hitting the horse and not worry about the implications of that altoghether...

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PostPosted: Mon Apr 13, 2009 10:42 am 
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While the p/u driver should be charged with quite a bit for his involvement in the collision (and not keep his licence), horse riders should also be more considerate of other vehicles on the roads.
The way it looks to me, there was a group of horse riders spread out all over the road. If they want to spread out, they can do that on horse trails and on meadows. Not on roads made for motor vehicle travel.
Had I been driving that p/u truck, I would have slowed down and just as I passed the group (safely) I would have gone ape-s*** on the horn, hopefully scaring a few of the horses and teaching the riders a lesson.
Hopefully, both drivers and the horse/bicycle rider communities will learn something out of this incident.

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PostPosted: Mon Apr 13, 2009 2:36 pm 
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FiReSTaRT wrote:
While the p/u driver should be charged with quite a bit for his involvement in the collision (and not keep his licence), horse riders should also be more considerate of other vehicles on the roads.
The way it looks to me, there was a group of horse riders spread out all over the road.

Same as a lof of inconsiderate people walking 4/5 abreast down the road
Plus people walking on the wrong side of the road.

Quote:
Had I been driving that p/u truck, I would have slowed down and just as I passed the group (safely) I would have gone ape-s*** on the horn, hopefully scaring a few of the horses and teaching the riders a lesson.
I am waiting for the day I get to lay that charge.. "frighten animal".

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PostPosted: Mon Apr 13, 2009 3:35 pm 
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You're giving some pretty good examples, Bear. Also one thing that really pisses me off are kids walking down the middle of the road and even ignoring cars when they see them coming up. If one of those kids ever gets hit by a car, guess who will be blamed for the collision. I received very little sympathy from the school administration, the parents would never believe that their "perfect little angels" would be at fault by any means and would start screaming for closing all roads before/during/after school ours, and I lost my faith in the 22nd when it comes to investigating anything. At times I think doing Darwin a favour might not be such a bad idea.
By the way, would frightening an animal be a real charge? :shock: In any case, had you been there, you would have told those bums to stay off the public highway (or at least off to the side) well before I came through 8)

P.S. The first safety mod I did on my bike was installing a 130dB horn, to replace the inaudible stock tweeter :twisted:

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PostPosted: Mon Apr 13, 2009 6:03 pm 
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FiReSTaRT wrote:
P.S. The first safety mod I did on my bike was installing a 130dB horn, to replace the inaudible stock tweeter :twisted:


Do you wear earplugs before starting the motorcycle? 130 dB will destroy 100% hearing in an hour!


FiReSTaRT wrote:
The way it looks to me, there was a group of horse riders spread out all over the road. If they want to spread out, they can do that on horse trails and on meadows. Not on roads made for motor vehicle travel.


Apparently the damage was done on the driver's side, so the horse was on the lane opposite to what the p/u should have been staying on. Even the testimony says "he wasn't on his side of the road". What do you do? Move to the other side where the p/u should have been driving, so that he changes lanes into where he should be and still have a collision???

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