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County Court 19/4/2005

Discussion in 'Politics, Laws, Government & Insurance' at netrider.net.au started by MrOkimura, Apr 19, 2005.

  1. Today (19/4/2005) in the county court the state vs. Melanie Edwards over the death of Jeff Lording advanced to the next stage. Miss Edwards pleaded guilty to the charge of Culpable Driving causing the death of Geoff Lording. The two charges of Failing to Stop and Failing to Render Assistance were dropped on the condition of this plea. A trial date of the 12th of August has been set for sentencing. Dale Maggs (MRA President) attended with Lording Family members to witness this plea.

    The state government has also announced today tougher sentencing for who choose to leave the scene of an accident. This is a direct result of public pressure and activity by the MRA. This morning the MRA released to the media a draft policy of appropriate sentencing. These where copies of that given to the Attorney Generals department. This policy is a recommendation put forward to help protect vulnerable road users including rider, pedestrians and others at risk.

  2. I assume she still must answer the DUI separately?
    What is the normal sentance for culpable driving?
  3. hats off to the MRAA, tougher sentencing is a big step fwd.

  4. We don't have a charge of DUI in Australia.
    It's called something non american.
  5. Sorry for all you colloquial Australians
    I assume she still must answer the DWP (Driving While Pissed) separately?
  6. This is what I said would happen after the last court case .

    that they were going to plea out of the 2 charges and wanted the family to consider it .
    There is NO use bringing in tougher laws if they arent going to prosicute these BASTARDS with it .

    WELCOME TO THE WORLD OF BEING A SECOND CLASS CITIZEN it should be printed on the back of your liscense with

    Pop a wheelie or do 20 ks over the speed limit at 3 am in the morning while no one else is on the road and we will show you justice you scum biker .

    generally she will face court again at a later date for the drink driving charge .
  7. Glen what is the expected sentance? Given that a week ago the guy that left the scene of the accident and then tried to cover it up with his parents, wasn't able to have culpable driving proved against him and got a 22 month sentance for leaving scene of accident, failing to render assistance and perjury and both his parents got a 9 month suspended sentance for perjury.
  8. i dont know what it would be , but they will plead that she is remorsfull and the poor women has a drinking problem and that she was hard done by as a kid , and people used to steal her pocket money at school etc etc and will be lucky to get anything more than a suspended sentance or small jail time or community service .
    I will be very suprised if she gets more than 6 months .
    we will just have to wait and see what a riders life is worth .
  9. Usually I would think anyone making these comments was overly cynical. But sadly groberts, I know you're actually being realistic. Whatever sentence she gets, it will not reflect the value of the life lost.
  10. Actually, we do. Say you're riding along, or driving, and you swerve, causing other vehicles to take evasive action. Cops pull you up. You blow in the bag, but while you're under .05 you still register positively. They may charge you with driving under the influence of alcohol.

    Generally, it's usually associated with causing major injury or death when you're really pissed. And can involve jail time.

    More recently, legislation has been enacted to encompass the taking of drugs and driving.

    I found plenty of references to DUI in Google. Unfortuantely, the Vicroads site is down or not responding, so I can't get any info that's pertinent to Victoria, or indeed, this particular case.
  11. '
    Tha Charge is not called DUI Martin
    It's called exceeding the legal alcohol limit of .05
    DUI is an American acronym.
  12.  Top
  13. He's not referring to being over the limit smee. He is saying that if you cause an accident or a near one (i.e. cause another car to take evasive action) then you can be charged as a DUI if your blood alcohol is under .05 but over 0.00.

    I personally don't know if this is true but i was just making things alittle clearer as you seem to have read it wrong. i.e. thought he was referring to a BAC of more than .05
  14. That's correct. I was refering to where the specific charge isn't being over 05.

    I found a few references to it on the Vicroads website, but not specific laws or regs. There was more references to driving under the influence of drugs such as hooch or whatever, rather than alcohol.

    I'd look further but I've not got the patience right now. The VR site is slower than a VFR800 at the moment....
  15. Thanks for that link. I've bookmarked the general website. Looks like a useful resource.

    And yeah, it says what I thought it was. Although I was not aware of the penalties for doing a DUI..

    "(a) A person who drives a motor vehicle while under the influence of alcohol or any other drug and is incapable of having proper control of the vehicle is liable to a fine of $2500 or imprisonment for three months."

    And that's just for a 1st offence (subsequent offence is probably crucifixion...)

    The penalty for DUI is harsher than for straight out exceed 05....
  16. I am confused, help me out here please. Are you saying it was the MRA's actions and some public pressure. Would this public pressure be the VMU's organised protest ride that the MRA WERE SO QUICK to denegrate and pass off as a joke and stating on their web site that such actions are not condoned by the MRA.

    Thank GOD for the MRA, now I can sleep at night, knowing they are not slagging off at other Bike Organisations, as long as its DONE THE MRA's WAY pppppfffffffttttt.

    WHAT A JOKE the MRA are. So bloody quick to take the so called pluadits and stating it was them and ONLY THEM, oh and SOME public pressure.

    So how does it SMELL way up there in your IVORY TOWER looking down at us plebs.

    Cheers 8)
  17. I believe it's called Exceeding the Prescribed Concentration of Alcohol which on the Police radio is referred to as xPCA when they do licence checks and the like.
  19. Yup, and until they put that aside they will always be a standing joke with most riders and the safety community.
  20. If I remember correctly it was a Netrider/VMU member that posted up both articles from the Herald Sun to get the ball rolling and Vic suggested THE protest!
    The MRAA stated it was not the correct time for a protest ride and advised against it only to have Dale Maggs turn up on the day large as life......low life.
    I rode in the protest as a rider not as a member of the VMU or the MRAA.
    Public pressure and the MRAA my arse :shock: