• TheTechnician27@lemmy.world
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    2 days ago

    The trial court heard the light at Hornby Street had already been red for approximately 20 seconds when Moshfeghi Zadeh drove through the intersection at 47 km/h without touching his brakes until after he was broadsided by the sports car, which had a green light.

    The judge in the case determined that Moshfeghi Zadeh was inattentive and that his manner of driving was dangerous, but that his “momentary lapse” of attention did not constitute a “marked departure” from the standard of care required, and therefore was not a criminal offence.

    Ah, yes, of course. “Momentary” being literally at least 20 seconds – 260 meters of travel at 47 km/h. Literally traveled down nearly the length of three American football fields not seeing the red light. Got t-boned by another car, severely injured a pedestrian, and killed his daughter.

    Fuck off with this shit.

    “The case law tells us criminal liability for dangerous driving cannot be visited upon a driver unless the manner of driving is found to be both dangerous, and a marked departure from the standard of care expected of a reasonable person in all of the surrounding circumstances,” the majority decision concludes.

    Are you fucking CRAZY. What the fuck on Earth were the “surrounding circumstances”?