Text message driver escapes jail
From The Australian (newspaper)
November 10, 2003
A YOUNG female driver who killed a cyclist while she was text messaging will walk free after a judge today gave her a fully suspended two-year prison sentence.
Silvia Nicole Ciach, 24, of Curlewis, pleaded guilty to culpable driving causing death after her car smashed into a bicycle ridden by 36-year-old Anthony Marsh on Port Arlington Road, near Geelong, on December 31, 2001.
The County Court in Geelong was told earlier that Ciach had not seen Mr Marsh's bicycle because she was writing a text message to let a friend in Melbourne know she would be meeting her at one o'clock.
Judge Susan Cohen said the circumstances of the offence illustrated how relatively simple acts in the driving of the motor car could have devastating consequences.
"It is tragic that a man's life was lost in these circumstances but this case should serve as a stark warning to all that the risk is very real and with the extended use of mobile phones generally more public attention should be drawn to this risk," Judge Cohen said.
However she said she took into account Ciach's guilty plea, her excellent character and the fact the dead man's parents did not wish her to be imprisoned.
Judge Cohen sentenced Ciach to two years imprisonment, fully suspended, and disqualified her from driving for two years.
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This is wrong! I have already told my wife that if I should ever come to grief while riding, I want her (lawyers) to push for the driver to do time in jail.
CHEERS.
Mark