Emma Way, the motorist who tweeted about having knocked a cyclist from his bike, has been found guilty of failing to stop after an accident and failure to report an accident. However, she has been cleared of a third count relating to careless driving.
Way was fined £300, will have her driving licence endorsed with 7 penalty points and also has to pay £337 in costs.
The BBC reported that earlier today, she had told Norwich Magistrates' Court: "The tweet was spur of the moment. It was ridiculous and stupid and I apologise to all cyclists."
She added that posting that message on Twitter is “the biggest regret of my life so far.”
Shortly after the incident in Rockland, Norfolk on Sunday 19 May which left cyclist Toby Hockley with minor injuries, Way posted a tweet on the social network that read: “Definitely knocked a cyclist off his bike earlier – I have right of way he doesn't even pay road tax!" together with the hashtag, #bloodycyclists.
The 21-year-old was charged with careless driving, failing to stop after an accident and failing to report an accident.
Way told Norwich Magistrates’ Court tday that as a result of her tweet, and the media storm that followed, she had lost her job as a trainee accountant.
ITV reports that her solicitor asked her to rate, on a scale of 1 to 10, how stupid it was to tweet about the incident. She replied, “11.”
Way, who denied the charges, claimed that the handlebars of Mr Hockley’s bike had clipped her vehicle and that she saw him wobble slightly as she looked into her rear-view mirror, leading her to assume he was okay. She added that she was unable to stop due to a blind corner.
The cyclist, riding a sportive with a friend, told the court that although he did not come off his bike, he did end up in a hedge.
"A car came around the corner, narrowly missing Jay," he recalled.
"The car was heading over to my side of the road.
"I was hit on the leg by the wing and on the arm by the wing mirror and tried to slam on my brakes to regain control."
That infamous #bloodycyclists hashtag was reappropriated by cyclists in the wake of May's incident, with Mr Hockley himself helping set up the bloodycyclist.com website which aims to "raise some awareness and money for some of the dangers that face cyclists on a daily occurrence."
Merchandise including a #bloodycyclist jersey can be bought through the site.
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103 comments
So, yes, there is some doubt (reading the article and I have no other information to sway me one way or the other) as to who was on which side of the road. However, since there was at least one witness ("A car came around the corner, narrowly missing Jay,"), I wouldn't have thought it would have been that difficult to prove one way or the other. Would you ask a friend to perjure themselves?
I realise that it would more than likely be inadmissible. But, given her obvious attitude to road safety, I would have thought that the police would be quite keen to make sure that she was kept as far as possible from the road in future.
Yes, we've all done things we're not proud of. But, most people have the sense not to publish the fact. Or, we suck it up and take the punishment.
I certainly wouldn't Tweet any sort of misdemeanour. What on earth was she thinking. Then, I suppose that's typical of today's need to broadcast the minutiae of life to the world. I mean, amongst the countless tonnes of drivel, who'd notice the malicious drivelings of a young women who appears to hate cyclists. Or at least hates having to knock them off the road...
She deserves to be made an example, because she was stupid enough to tell the world. I abhor her lack of remorse. But, I'm going to give her the benefit of the doubt that she's shit scared of a civil suit and doesn't want to make any leanings toward guilt. Or, am I giving her too much credence?
I'm going away now to consider whether this will change my attitude to toward the everyday shit that I have to take from a minority of "other road users". The rest of them, I shall continue to treat with courtesy and, even, a cheery wave, if I'm feeling particularly delirious with joy.
Lastly, ever noticed how ignorant cyclists are on the road YET on a forum etc...by god can they argue !
Toby Hockley 1 - Emma Way 0
And that concludes the score draws this evening.
The Daily Mirror reports that "Way refused to comment as she left court, saying she had signed an exclusive television deal." So prepare yourself for more of the poor little picked on girl act. Pass the sick bag please.
There you go, crime pays! Knock a cyclist over and get a TV deal.
Sick bag for me as well.
Shouldn't this (http://en.wikipedia.org/wiki/Proceeds_of_Crime_Act_2002) apply if she gets fees for the TV deal?
Apparently, she didn't receive a fee.
Although, she did get to be on TV - again. Isn't that the acme of personal achievement and a far greater reward than cold, hard cash?!
Better than I was anticipating but ultimately no real deterrent to others. All we've learned is carry on as you wish, just ensure you don't use a social site that can be tracked back to you to brag about it.
As for being unable to insure a car she has the option of just not insuring it, like 1 in 20 cars on the road (something like that I believe) and if she is pulled over for it she'll still find herself protected by the courts.
And the vulnerable road user death count continues to climb...
Dumb summing up there as admitting she failed to report etc would lead to the guilty plea
True. Though I have no idea why she pleaded Not Guilty to the failing to stop and report charge. She was never going to win that one.
She really is stupid - I mean too still be seen to be saying "I wish I hadn't tweeted it" (ie. if I hadn't tweeted I wouldn't be in this mess) rather than if only I could have turned back the clock and done the right thing by a more vulnerable road user.
Also I don't buy the argument that she's already suffered a loss (potentially her intended career cut short) and so should be exempt from further punishment. Following that logic if you have a crap job you could face bigger fines/prison terms to make up for your lack of punitive loss?
No-one's said that. But, by the same margin, tweeting about it doesn't mean she should be punished more than other drivers guilty of the same offence.
Hardly her word against his - the tweet incriminated Ms Way. In a way I'm a bit sorry for her that she lost her job for it - however the arrogant way she spoke on TV didn't help (turning up with your solicitor was quite stupid). Why not admit to both failing to stop and failing to report an accident on TV as well?
It reminds of the tennis player who made an apology - then blamed the ATP!
On a personal level - I had an employer use an apology against me, its staff be verbally abusive (including offering my job back for a joke) and assault me. Now that isn't right.
She twatted (not under oath) that she "Definitely knocked a cyclist off his bike earlier". She did not tweet that the collision was her fault.
Overall, I think the result is fair given the obvious difficulty in proving careless driving in such circumstances.
But it is very annoying that she seems to be more upset by the repercussions of her tweet than the accident itself!
It seems to me that these days, so many people consider it to be totally unacceptable to be held accountable for their own speech and actions.
Either that or I am getting old.
After comments I posted elsewhere today here about helnet cams for evidence gathering, I got cut up by a taxi driver on the way to the station. Without one.
Didn't manage to catch up with the driver and didn't get the reg no or taxi company. Deffo going to use a cam in future on road rides.
The irony may well be that she's priced so far out of the insurance market that she's forced onto two wheels.
I cannot believe the leniency of this sentence. Had she not tweeted she would have gotten away completely with a hit and run.
Can this be appealed as too lenient?
I think a custodial sentence even a short one and a ban would have been more appropriate in getting across the illegality of what she did. Points and fines are just not seen in the same light.
All this says to bad drivers is that you can bang into cyclists so long as you don't tweet about it afterwards and get caught.
This sentence, means it's a bad day for road safety.
It's an excellent day for road safety. A stupid, silly girl got what she deserved. And this IS what she deserved. Let's not get carried away at making her out to be Ted (or even Al) Bundy. She was involved in a minor accident. What she did later inflated it. Rightly so because tweeting about it was dull.
But, in terms of what she was convicted of she has been sentenced in a manner entirely proportionate with similar offences and the sentencing guidelines.
Perhaps others will think twice about using social media to glorify cycle hatred.
This is not a normal case my friend. The tweet indicates a certain malice. She knocked a cyclist into a hedge (happens accident fair enough might not have even been her fault ??), didn't stop or report it (bad stuff avoiding any insurance claims or taking responsibility, an implied admission of guilt and criminal 5- 10 points and up to £5000 fine just for that). Then bragged about it indicating that she thought she had the right to do that or that she was proud of it. (de facto admission of guilt on both the previous counts and indicating no remorse indeed jubilation). That's what I'd make custodial.
She got off very lightly. Punished only in line with offence two and not taking into account her "mens rea" state of mind or attitude.
Which of the offences she's charged with require that mens rea?
That is a good case for the prosecution. On the other hand ....
My client is guilty of nothing other than being an attention seeker who tweeted a regrettably immature, exaggerated comment after a minor incident, only intended for the amusement of her friends, while in a state of shock.
The reality is that she was pootling along the road cautiously, adopting an appropriate position on the road for the conditions, as evidenced by the fact that the first cyclist made it around the bend without incident. However Cyclist No. 2 was travelling far too quickly for the road conditions, positioned too far to the right of his lane, trying to cheat the bend, misjudged his line, clipped her door mirror and went off the road into a hedge.
The court should note that both cyclists were not normal cyclists using the road for personal transportation. They both admit that they were taking part in a so-called 'Sportive', a competitive road race held on public roads where the participants try to compete the course in the fastest time possible, despite the fact that the roads are not closed to other road users.
My client did stop after the incident but admits that she did leave the scene once she had established to her own satisfaction that the cyclist was not hurt. At the time, she thought it was a minor incident and regrets not reporting Cyclist No. 2 to the police for 'wanton and furious' riding. She understands that she didn't do the right thing in terms of her statutory duties but she is 100% certain that the collision was the fault of Cyclist No. 2 going too fast for his talent on an unsuitable road for road racing.
A load of crap, I know, but lawyers are paid to come up with this sort of crap for their clients every day .... In any case, the burden of proof lies with the prosecution not the defence. No independent witnesses, no CCTV, how are you going to convict her for careless driving in good conscience?
This is the week where the Media are reporting the 6th Death in a few days and the Norwich Judiciary are saying " SO WHAT"!
Bragging that she hit a Cyclist , is not a crime recognised by the Law , is it ?
IT IS AN ADMISSION OF GUILT !
That the cyclist did not go to a Police Station , is understandable . Mr Plod , "WERE you Injured "? " Did you go to Medical Resources "? " Was any equipment damaged "? " Piss OFF then , or i will charge yOU with WASTING POLICE TIME "! " You are interupting my siesta "! " CAusing me to fillout paperwork "!
THis petition needs YOUR HELP :
https://www.change.org/de/Petitionen/ioc-chairman-thomas-bach-create-an-...
Nearly EVERY English Speaking Country refuses to have " Strict Liability & 1 1/2M Safe Passing Laws ! Nearly Every EU Country has these Laws !
Why does it not bother YOU ? Even in the EU , there are mugs who think playing Chicken is OK , until I show up at their Clients Premises , Their Employers Yard and their Front Door , IF , i haven't stopped them at the side of the road , to remind them , that hitting me , puts them in the Dock/penitentiary , perhaps , EVEN their Employer also !
No, this week the Norwich judiciary are convicting silly young girls correctly. But don't let that stop you getting carried away.
It really isn't. For what it's worth, i'd be quite confident saying she was at fault (and, as an aside, a rather unpleasant individual), but proving a careless driving charge is a different matter. It was always going to be the most difficult of the three charges to prove, and i'm not overly surprised with the outcome.
As it is though, the offences she was found guilty of are actually the more serious ones. I'm not really sure why she went with a not guilty to them giving the established facts (including her own words) but I imagine her lawyer advised it on the chance she got a sympathetic magistrate.
I will agree that no one sets out to kill but on the roads I regularly see HGV's driven far too fast/no margin of error in London. Back in the highway code the guidance tells drivers to adjust to conditions/surroundings and anticipate. It doesn't happen enough.
Emma Way knocked off a cyclist overtaking and the only way this resulted was by not giving enough space (another recurring theme here) as dictated by the highway code. I therefore can't see how it is not careless driving. Perhaps there was a plea bargain but no penalty = no deterrence= no change in driver behaviour. and so the cycle continues. The law remains an ass.
At least without work and 7 points I'd doubt she'll be able to afford her next insurance renewal.
To be honest I never knew that failing to stop was taken so serious. Some arse ran into me and failed to stop. The police are taking action so I'm hopeful he'll be buggered.
So her next conviction will driving without insurance!
As he says, at her age, with this on her record, her chosen career is completely knackered and she won't be able to afford to insure a car to drive, so she is effectively banned for the next 2-3 years at least anyway. Probably fair punishment for what she has done.
Yes I know she is a car driver and therefore has to take responsibility, but we've all done bloody stupid things when we were younger and mostly got away with them. She's an idiot but we can hope she and others might learn from this.
It didn't need to be that way. If she had held her hands up at the beginning and admitted she did it and apologised we would have probably all put it down to the mistakes that young people make and got on with life. But she didn't. She denied it (in the face of her own evidence), tried and is still trying to blame others and generally trying to weasel her way out of responsibility.
As an employer I don't mind people making mistakes that they recognise and learn from. I don't want people who deny their mistakes and try to cover them up, especially if they are in professions like accountancy or law. That's what happened with Nick Leeson and Bruno Iksil (the London Whale) who covered up and compounded their mistakes until they, and many around them, where overwhelmed with the consequences. Its that which did for her accountancy career and future, not the original incident.
A failing to stop offence is taken very seriously by the police, usually. It often conceals other offences - no insurance, drink/drugs driving, no Mot etc.
Likewise, a failing to stop conviction, which MUST be disclosed to an insurer at the relevant time, is taken very seriously by the insurance industry because it directly costs them a lot.
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