BULLSHIT BINGO ALERT.e
Oh, and judging by the pics, he looked "under the influence" even at his sentencing
A driver who had been smoking cannabis the night before he killed a
cyclist has been handed spared jail so he can continue to care for his mother, after he admitted causing death by careless driving, an offence
that carries a maximum sentence of five years’ imprisonment.
Darren Maironis, aged 48, died at the Royal Stoke University Hospital on
18 July 2021 from injuries sustained the previous day when Mark Beresford turned right across the path of the cyclist, who was taking part in a
time trial, crashing into the side of his flatbed Ford Transit van.
The victim, a father of three who taught maths at secondary school, was a well-known figure on the time-trial scene in north west England, with his Velotik racing team among those to spay tribute to him after his death.
The crash happened at 3.40pm on 17 July 2021 in Goostrey, near Jodrell
Bank, Cheshire, at the junction of Chelford Road and Bridge Road, reports
the Knutsford Guardian (link is external).
Jayne Morris, prosecuting, told Chester Crown Court that Beresford “had been following his mobile phone sat nav system which was in a holder to
the right side of the steering wheel.
“The instructions were spoken and on the approach to the junction the defendant was instructed by the satellite navigation system to turn right.
“But travelling in the opposite direction was Darren Maironis who was taking part in a time trial cycle event.
“An eye witness expected the defendant to stop and wait before turning right but he didn't and turned into the path of Mr Maironis.
“In her statement she [the eyewitness] said: ‘I couldn't believe my eyes when it didn't stop, it wasn’t going particularly quickly but it just kept going’.
“She then heard a dull bang and saw debris fly to the right of the van
and added, ‘I knew the van must have hit the cyclist but I just couldn’t believe it’.
“The defendant then began to reverse and although she sounded her horn
but the defendant’s van struck her car.
“She immediately went to assist Mr Maironis who was lying in the road, seriously injured.
“As she did so she heard the defendant say, ‘I just didn't see him’ and ‘He was coming so fast’.
https://road.cc/content/news/driver-who-admitted-killing-tt-cyclist-spared-jail-303197
A driver who had been smoking cannabis the night before he killed a cyclist has been handed spared jail so he can continue to care for his mother, after he admitted causing death by careless driving, an offence that carries a maximum sentence of fiveyears’ imprisonment.
Darren Maironis, aged 48, died at the Royal Stoke University Hospital on 18 July 2021 from injuries sustained the previous day when Mark Beresford turned right across the path of the cyclist, who was taking part in a time trial, crashing into the sideof his flatbed Ford Transit van.
The victim, a father of three who taught maths at secondary school, was a well-known figure on the time-trial scene in north west England, with his Velotik racing team among those to spay tribute to him after his death.nose touch tests, failed to bring his hand down as instructed and required lots of prompting they suspected impairment.”
The crash happened at 3.40pm on 17 July 2021 in Goostrey, near Jodrell Bank, Cheshire, at the junction of Chelford Road and Bridge Road, reports the Knutsford Guardian (link is external).
Jayne Morris, prosecuting, told Chester Crown Court that Beresford “had been following his mobile phone sat nav system which was in a holder to the right side of the steering wheel.
“The instructions were spoken and on the approach to the junction the defendant was instructed by the satellite navigation system to turn right.
“But travelling in the opposite direction was Darren Maironis who was taking part in a time trial cycle event.
“An eye witness expected the defendant to stop and wait before turning right but he didn't and turned into the path of Mr Maironis.
“In her statement she [the eyewitness] said: ‘I couldn't believe my eyes when it didn't stop, it wasn’t going particularly quickly but it just kept going’.
“She then heard a dull bang and saw debris fly to the right of the van and added, ‘I knew the van must have hit the cyclist but I just couldn’t believe it’.
“The defendant then began to reverse and although she sounded her horn but the defendant’s van struck her car.
“She immediately went to assist Mr Maironis who was lying in the road, seriously injured.
“As she did so she heard the defendant say, ‘I just didn't see him’ and ‘He was coming so fast’.
“He appeared to be in shock and said that he hadn't seen Mr Maironis. “Police officers arrived at the scene at approximately 4pm to find the defendant was sat on the ground talking to a paramedic.
“He was upset and shaken. He provided a sample of breath and a drug wipe, both of which were negative but police thought he was acting strangely.
“He was lying on the floor, speaking in a childlike manner and his pupils were very small.
“As a result, the officers performed a Preliminary Impairment Test but following his performance, in particular his walk and turn test in which he swayed and began to lose balance on the return steps, the fact that he missed his nose on one of the
A blood sample taken from Beresford four hours after the crash found that he had 1.7 micrograms of tetrahydocannabinol (THC), the active ingredient in cannabis, per litre of blood in his system, slightly below the legal limit of 2mg.
In mitigation Tom Gent, defending Beresfod, described his client as “a kind-hearted man” who was remorseful about causing the death of Mr Maironis, and said that imposing a custodial sentence on him would mean he would be unable to care for hismother.
“There is not a day goes by when the defendant does not think about the consequences of his actions,” Mr Gent said. “He is truly consumed with remorse and tormented by his feelings of guilt.”
He claimed that Beresford had been blinded by the sun and that he panicked following the fatal crash.
“His own recollection of the aftermath is that he was acutely distressed and extremely emotional,” the lawyer claimed.
“His behaviour at the performance of the various tests can properly be attributed to a reaction to the collision rather than the consumption of cannabis the night before. He did not for one minute believe that he was over the limit.”
Mr Gent added: “His immediate imprisonment will have a harmful effect on others, in particular his elderly mother Sandra for whom he cares and provides for financially.
“He cares for his mother, supports her and supports her financially. They live together under the same roof.
“If an immediate custodial sentence is imposed, she fears she will lose the family home as the mortgage payments will not be made.”
Judge Simon Berkson handed Beresford a 10-month jail sentence, suspended for two years, and ordered him to undertake 200 hours of unpaid work.
He told him: “This is properly described as a tragic case in which a 48-year-old man with three children was killed.
“You should have seen him, and you shouldn’t have carried out the manoeuvre when you did.
“There is ample evidence of your considerable remorse, however the guilt and anxiety you are suffering is nothing compared with that of Darren’s family,” the judge added.
https://road.cc/content/news/driver-who-admitted-killing-tt-cyclist-spared-jail-303197
EXPRESS READER!
===============
It was you who used the word "probably", and as this case took place in a Court of Law wouldn't have been allowed in said court. There is nothing
in the article to suggest the cyclist did anything untoward.
There aren't two sides to this case despite what you say, the van driver
was in the wrong and on drugs, this is a travesty of justice. The judge
using the frail condition of the mother of the accused as an excuse for
not sending him to prison shouldn't come into the equation, he obviously wasn't considering her (or other road users) when he took the drugs. If
you always "try to look at the whole picture" why didn't you say many van drivers drive like they're possessed ? That would be nearer the truth.
I can understand a suspended sentence for the sake of his mother, but there's no mention of a driving ban. Should be a lifetime driving ban for killing someone - why give him another chance to kill again?
no, really, i can't. if he was really interested in providing care for
his mother then he shouldn't have driven after taking drugs. he was
obviously impaired sufficiently that the police thought it strange (more
so [from the description above] than if it was just shock). hopefully, someone beats him to within an inch of his life.
i'm sure if he was in prison - where he really should be - social
services or someone would be able to provide care for his mother. or
maybe not. Too be honest who cares. What about Darren's family? the whole thing is total bollocks. what a piss poor sentence.
========================
VERY FAIR.
He later told police he was dazzled by the sun.
WAS THAT AFTER HIS MR ARSEHOLE TOLD HIM TO MAKE THAT UP AS IT USUALLY WORKS?
“In her statement she [the eyewitness] said: ‘I couldn't believe my eyes when it didn't stop, it wasn’t going particularly quickly but it just kept going’.
AND
As she did so she heard the defendant say, ‘I just didn't see him’ and ‘He was coming so fast’
SOMEONE IS LYING.
THE SUN WAS HIGH IN THE SKY AS WELL.
swldx...@gmail.com <swldxer1958@gmail.com> wrote:
I can understand a suspended sentence for the sake of his mother, but >> there's no mention of a driving ban. Should be a lifetime driving ban for
killing someone - why give him another chance to kill again?
no, really, i can't. if he was really interested in providing care for
his mother then he shouldn't have driven after taking drugs. he was
obviously impaired sufficiently that the police thought it strange (more
so [from the description above] than if it was just shock). hopefully,
someone beats him to within an inch of his life.
i'm sure if he was in prison - where he really should be - social
services or someone would be able to provide care for his mother. or
maybe not. Too be honest who cares. What about Darren's family? the whole
thing is total bollocks. what a piss poor sentence.
========================
VERY FAIR.
…Only in the sense that it takes nothing of a real carer’s life into account.
To say “Who cares?” about the fate of the mother is bordering on the sociopathic.
I was about to mention blinded by the sun. How the hell can anyone
offer this up as mitigation? If he was so concerned about his mother, why
the cannabis use ?
I've raced that road many times in the past, there is more sun coming out
of my arse than would be in his eyes and sightlines at that junction are
good with a wide grass verge, the only thing he got right is that the
cyclist was going fast, well he would be because it is at the bottom of a hill, that only proves that he saw him and pulled out anyway! Murder in my book!
I was about to mention blinded by the sun. How the hell can anyone offer this up as mitigation? If he was so concerned about his mother, why the cannabis use ?would be because it is at the bottom of a hill, that only proves that he saw him and pulled out anyway! Murder in my book!
I've raced that road many times in the past, there is more sun coming out of my arse than would be in his eyes and sightlines at that junction are good with a wide grass verge, the only thing he got right is that the cyclist was going fast, well he
On Sunday, August 13, 2023 at 8:16:28 AM UTC+1, swldx...@gmail.com wrote:
I was about to mention blinded by the sun. How the hell can anyone offer
this up as mitigation? If he was so concerned about his mother, why the cannabis use ?
I've raced that road many times in the past, there is more sun coming
out of my arse than would be in his eyes and sightlines at that junction
are good with a wide grass verge, the only thing he got right is that
the cyclist was going fast, well he would be because it is at the bottom
of a hill, that only proves that he saw him and pulled out anyway! Murder in my book!
Maybe he had a radar gun in his car?
QUOTE: Remember, if you try to wash your windscreen while you have sun
strike it will temporarily make it worse. Also, it’s good to know which side your windscreen washers are on because if you pull back the stalk on
the wrong side you’ll just high beam oncoming traffic. ENDS
JESUS H CHRIST!
swldx...@gmail.com <swldxer1958@gmail.com> wrote:
QUOTE: Remember, if you try to wash your windscreen while you have sun
strike it will temporarily make it worse. Also, it’s good to know which
side your windscreen washers are on because if you pull back the stalk on
the wrong side you’ll just high beam oncoming traffic. ENDS
JESUS H CHRIST!
Ah!
You’re quite familiar with windscreen wipers, aren’t you, especially on continental trips?
Over to Mason for a Must Have Last Word (MHLW) posting…
A South Wales man who claimed he had been blinded by the sun has been jailed for a year for causing the death of a cyclist through careless driving in August last year, with the judge who sentenced him saying he had failed "to adjust to a natural, notuncommon, hazard." > Michael Bisi, aged 60 and a fitter from Ebbw Vale, was driving to
Bisi pleaded guilty but in mitigation, Jeffrey Jones said that his client had been blinded by the sun for approximately 10 seconds and did not see Mr Jones.
It was an argument that Recorder Eleri Rees referred to when handing down his sentence to Bisi, and it was also disclosed that the motorist had five previous convictions for driving while disqualified and uninsured.
He had also been fined for illegally using a handheld mobile phone while driving, as well as for driving with defective tyres.
Judge Rees said: “Your decision to leave the scene is hard to understand. Regrettably, the impression given to the deceased’s family is that you were fleeing the scene and showed callous disregard for his welfare.
“You made no attempt to contact the police yourself.
“The family have been devastated by the death. No sentence will serve to reconcile them to this loss or adequately reflect their grief and anger.
“This was a serious failure to adjust to a natural, not uncommon, hazard of low sun. Given the width of the road, it is hard to understand why you failed to give Mr Jones a wide berth.
“You did stop, but then left without giving adequate details of your identity.
“Previous convictions for driving offences all point to a general disregard for road safety.”
Besides the 12-month prison sentence, Bisi was also banned from driving for two years and has to pay a victim surcharge of £120.
Causing death by careless driving carries a maximum penalty of five years' imprisonment, compared to 14 years for the more serious offence of causing death by dangerous driving.
The imposition of a custodial sentence on Bisi for that lesser offence of causing death by careless driving in a case in which a cyclist is the victim is relatively uncommon in the light of other cases we have reported on.
British Cycling and CTC, among other organisations, have been lobbying for the legal system to be more vigorous in investigating and prosecuting such cases, as well as in sentencing the guilty.
Road safety charity Brake has urged the government to abolish careless driving offences and instead bring them within a redefined heading of dangerous driving, a call echoed last week at a House of Commons debate by Leeds North West MP, Greg Mulholland.
A South Wales man who claimed he had been blinded by the sun has been
jailed for a year for causing the death of a cyclist through careless
driving in August last year, with the judge who sentenced him saying he
had failed "to adjust to a natural, not uncommon, hazard."
Michael Bisi, aged 60 and a fitter from Ebbw Vale, was driving to work on
the morning of 12 August 2013 when he knocked Paul Jones, also aged 60
and travelling to work, from his mountain bike.
Mr Jones, a grandfather of two from Markham, was run over by a Honda
Civic that was following Bisi's vehicle and died of "blunt force
injuries," reports the South Wales Argus (link is external).
The fatal incident happened on an uphill stretch of the A472 Hafodyrynys
Road near Crumlin at 7.20 in the morning.
Cardiff Crown Court heard this week that both drivers stopped at the
scene, but after 15 minutes Bisi, who according to a witness said at the scene, "I think I clipped him," resumed his journey to work.
He left a piece of paper on which he had written his name and telephone number - the former mis-spelt, the latter with a digit missing.
South Wales Police managed to trace Bisi but when they spoke to him that evening, he claimed he did not believe his vehicle had struck the
cyclist, although he subsequently said he might have done due to marks on his car.
The prosecution said that defects to its lights and tyres meant that
Bisi's car would not have passed an MOT.
Bisi pleaded guilty but in mitigation, Jeffrey Jones said that his client
had been blinded by the sun for approximately 10 seconds and did not see Mr Jones.
It was an argument that Recorder Eleri Rees referred to when handing down
his sentence to Bisi, and it was also disclosed that the motorist had
five previous convictions for driving while disqualified and uninsured.
He had also been fined for illegally using a handheld mobile phone while driving, as well as for driving with defective tyres.
Judge Rees said: “Your decision to leave the scene is hard to understand. Regrettably, the impression given to the deceased’s family is that you
were fleeing the scene and showed callous disregard for his welfare.
“You made no attempt to contact the police yourself.
“The family have been devastated by the death. No sentence will serve to reconcile them to this loss or adequately reflect their grief and anger.
“This was a serious failure to adjust to a natural, not uncommon, hazard
of low sun. Given the width of the road, it is hard to understand why you failed to give Mr Jones a wide berth.
“You did stop, but then left without giving adequate details of your identity.
“Previous convictions for driving offences all point to a general
disregard for road safety.”
Besides the 12-month prison sentence, Bisi was also banned from driving
for two years and has to pay a victim surcharge of £120.
Causing death by careless driving carries a maximum penalty of five
years' imprisonment, compared to 14 years for the more serious offence of causing death by dangerous driving.
The imposition of a custodial sentence on Bisi for that lesser offence of causing death by careless driving in a case in which a cyclist is the
victim is relatively uncommon in the light of other cases we have reported on.
British Cycling and CTC, among other organisations, have been lobbying
for the legal system to be more vigorous in investigating and prosecuting such cases, as well as in sentencing the guilty.
Road safety charity Brake has urged the government to abolish careless driving offences and instead bring them within a redefined heading of dangerous driving, a call echoed last week at a House of Commons debate
by Leeds North West MP, Greg Mulholland.
A 31-year-old man has been sentenced to five years imprisonment in connection with a fatal collision in Bury St Edmunds, which occurred over two years ago.disqualified from driving for five and a half years and will be required to pass a new driving test.
Alexander Martin, of Tulyar Walk in Newmarket, appeared before Ipswich Crown Court today, Thursday 3 August, where he was sentenced to five years in prison with a requirement to serve a minimum of two and a half years in jail. Martin was also
Martin had denied the offence of causing death by dangerous driving but was found guilty on Tuesday 20 June, following a seven-day trial.found, with the bike wedged under the front of the car.
The collision occurred at around 6pm on Monday 12 April 2021, when a Nissan Qashqai driven by Martin was involved in a collision with a bicycle in Newmarket Road, Bury St Edmunds.
The cyclist suffered serious injuries and died at the scene. He was later identified as Stephen Lawrence, aged 65, from Risby.
The court heard that Mr Lawrence was wearing orange high-visibility clothing and should have been clear to see by other road users. The weather conditions were also fine and dry.
Martin’s vehicle collided with the rear of the bicycle, throwing Mr Lawrence into the air and causing him to hit the windscreen of the Qashqai, before landing in the road. The Qashqai came to a stop approximately 70 metres from where Mr Lawrence was
Just prior to the collision, Martin had stopped at a nearby filling station and had been seen looking down at something as he left the forecourt. Analysis of his mobile phone found that he had sent a message 34 seconds at most before the 999 call wasmade in respect of the collision.
Following an inspection of the Nissan Qashqai, it was found to have a broken windscreen wiper on the driver’s side and a dirty unsafe windscreen.
Martin denied sending a message just seconds before the collision, disputing the accuracy of the data. He said the reason he hadn’t seen Mr Lawrence was that he was blinded by the glare of the sun.failed to see Mr Lawrence.
However, the jury dismissed Martin’s version of events finding him guilty by a unanimous decision.
Sergeant Mark Bassett, of the Serious Collision Investigation Unit, said: “This was a tragic and completely avoidable collision, which has resulted in a loving family having a husband, father and grandfather torn away from them.
“The phone data analysis proved that Alexander Martin sent a message just prior to or at the time of the collision and we are in no doubt that the distraction caused by his phone – combined with the dirty windscreen – are the reasons why he
“Martin has failed to show any true remorse for his actions and the devastating impact they have caused and I hope that his conviction and today’s sentence brings some comfort to Mr Lawrence’s family.
“We regularly run campaigns regarding the risks of driving and using a mobile phone because it is extremely dangerous and results in numerous collisions, some of which – as in this case – have fatal consequences.”
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