Emma Way Court Update Liveish

Did she lie in her evidence? Imho not really blatant lying, but by contradicting herself she clearly gave unreliable evidence which should help to steer the magistrate as to whether anything else she said was reliable. I know technically if you give 2 versions of the same event, at least one has to be false, but that’s conceptually different to outright lying.

Is driving without due care and attention routine? When half a million have points for using a mobile when driving, and yet I still see if multiple times every day – yes it is becoming routine.

I see this conviction as ‘about right’ if I’m honest. The henley doctor was far worse in my opinion, causing a death and then paying the best lawyers to get her off rather than facing up to it. And i’ll reserve judgement on daybreak until I see how they handle it, although I suspect it’ll be another ‘it could happen to any of us’rather than ‘what were you doing you idiot’ – but paying her for an exclusive I find abhorrent, if it ends up in her pocket.

Wait, she was fined £337? When did British courts start basing fines on internet memes?

According to Daybreak she has NOT been paid for her appearance on the show this morning. She used the appearance to claim that the cyclist was on her side of the road when she hit him, which is at the heart of the reason that she couldn’t be convicted of driving without due care and attention as it came down to his word against hers ultimately.

So Daybreak are going to have the cyclist on as well then I presume.

She’s not been paid? So why would someone tweet and say that she was? Can we trust nothing on twitter any more 😕

Paying Emma clearly breaks Ofcom code of conduct http://stakeholders.ofcom.org.uk/broadcasting/broadcast-codes/broadcast-code/crime/

(it’s clearly not “in the public interest” as defined in that)

…I have just submitted a complaint on that basis.
Posted 10 hours ago # Report-Post

I don’t think motoring convictions (at least points) count as being convicted of a crime.

Rachel,

http://www.independent.co.uk/news/uk/home-news/bloodycyclists-emmaway20-is-back-after-twitter-releases-her-handle-8949733.html

Cheeky!

Generally the cps view failing to stop as more serious than careless driving.

if so it’s a bit scary considering how many drivers who kill cyclists are prosecuted for careless rather than dangerous. (or am I mixing this up with death though careless driving? hmm)

can any legal type confirm whether failing to stop is criminal or civil? bit of googling suggests criminal but not from sources I’d necessarily trust.

Rachel in the national media well done, will the fame go to your head?

Does this Emma lass have the middle names “Right Of” by any chance?

Imagine if – Criminal record leads to lost job / no prospects leads to loss of earning potential leads to loss of car leads to acquisition of bike… Oh the irony.

Mrs has been off work today, I just asked if she’d seen Daybreak, no but apparently motorists were having a rant about cyclist helmets, lack of hi viz and earphones on This Morning.

predictable

Wait, she was fined £337? When did British courts start basing fines on internet memes?

A little bit of wee squeezed out when I read that!

I don’t think motoring convictions (at least points) count as being convicted of a crime.

Why on earth wouldn’t they? Fixed Penalty notices probably don’t, but Emma was found guilty in a court.

I’m still less than convinced they weren’t planning on paying her before they discovered it was against the code of conduct – otherwise why would she do an exclusive? Of course they’ve still broken section 3.4 even if they’ve now changed their mind, but I guess it would be hard to prove.

I don’t think motoring convictions (at least points) count as being convicted of a crime.

Every financial form I’ve ever filled in asks ‘Have you ever been convicted of a criminal offence (excluding motoring offences)’ or something similar (eg I just did a Nigerian Visa application this week). Certainly points on your licence don’t show up on your criminal record.

However, I’m sure someone will be along with a more definitive answer….

‘Have you ever been convicted of a criminal offence (excluding motoring offences)

Which quite clearly implies that motoring offences are criminal offences. The Ofcom code (quite rightly) has no such exclusion. Points on your licence are a different matter entirely – I don’t believe your criminal record goes into details of the amount you were fined either.

But it’s all OK, because apparently they aren’t paying her and never had any intention of paying her for the exclusive – as I presume is the usual way things work with exclusives.

But it’s all OK, because apparently they aren’t paying her and never had any intention of paying her for the exclusive – as I presume is the usual way things work with exclusives

if she didn’t get paid then that’s a bit of karma(I have no doubt she was expecting to be paid – but we’ve already established I’m biased against her), but how do we know ITV didn’t just bung her a load of dosh on the sly and lie about it?

but how do we know ITV didn’t just bung her a load of dosh on the sly and lie about it?

Are you suggesting we cannot trust our press? How very dare you.

define “Paid”

Free weekend in a nice hotel in London? A meal for you and your family? Maybe a show? A ride in an AL taxi to run a few of the tax evading suicidal lycra louts with headphones off the road?

Maybe no money changed hands, but she sure as hell isn’t doing it for free!

Which quite clearly implies that motoring offences are criminal offences.

Or it implies that they are not, but most people think they are.

Seems like a complex area:

For the purposes of supplying a record of criminal convictions to people such as prospective employers this is carried out via the Criminal Records Bureau. Their own definition of “criminal record” is the same as that used on the Police National Computer (PNC). An offence only appears on PNC if it is a recordable offence as defined by the National Police Records (Recordable Offences) Regulations 2000. This is further reinforced by the Rehabilitation of Offenders Act 1974, which states that (except for certain excluded purposes) convictions become “spent” after a certain amount of time and so do not appear on a “criminal record” generated by the CRB (but will appear on PNC).

So, whether you have a “criminal record” in the sense of someone performing a CRB check on you depends on what you were convicted for (is it a recordable offence?) and how long ago it was (is it spent?).

And, for info, driving without insurance is a criminal offence (s. 143 of the Road Traffic Act 1988) but is not a recordable offence so it doesn’t generate a PNC/CRB criminal record.

Note that some offences may appear on PNC if you were convicted of a recordable offence in the same proceedings. So, if you were convicted of drink driving (a recordable offence) and driving without insurance (a non-recordable offence) both would be recorded: Reg 3(3) of the National Police Records (Recordable Offences) Regulations 2000.

I believe failure to stop after an accident is a recordable offence for the purposes of criminal records. Also, the seven points might be very significant if she has had her licence for less than two years, it would mean a licence revoke and start again from applying for a provisional.

FWIW http://www.contactlaw.co.uk/motoring-offences.html

no way! Emma way!

Just been having a look back through the @mentions on the @emmaway20 account…

Several mentions are very much in the pro-hate-cyclists camp:

🙁 RT @docfreuduk: I fully support @emmaway20 #bloodycyclists are a nuisance, a danger unto themselves and others.

🙁 RT @RobertH1946: @EmmaWay20 Cyclists are jay-walkers!

🙁 RT @PatrickSkehan: @EmmaWay20 You legend! Hahaha you’ll get another job soon!

🙁 RT @cam169677: Ok @EmmaWay20 was silly for not stopping, but c’mon she was bang on with sentiment towards arrogant cyclists on roads.

But most are against. Some real hate out there. Really quite disheartening.

But the worst thing are the misoginistic comments – “bitch”, “cow”, etc. I’m not going to print those here…

🙁

Rachel

Same old same old. Hiding behind their internet accounts. Not worth getting involved imo.

Still now you’ve made the nationals! Unknown mysterious Twitter account hijacker!

Never sure if these people mean the comments or not, really not nice if it is meant though.

I think most celebs or people in the news on Twitter get this treatment, just have to block it out.

Any of the video’s on this link any use – more aimed at cyclists looking after themselves in the Fair City.

http://www.stickybottle.com/latest-news/after-13-cyclist-deaths-in-10-days-these-videos-really-show-how-lethal-truck-blind-spots-are/

If it is still relevent motoring offences are criminal not civil. The empolyment question above is a classic illustration of the “exception that proves the rule”.. Many motoring offences are not recordable offences so do not appear on your criminal reccord.