Caught in the headlights A voice for those who don't have gas

25Jan/100

Dalton McGuinty should re-think Cellphone Charges

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cellestineDalton McGuinty might well consider the following story and the growing number of stories of drivers killing pedestrians, cyclists and each other while talking and texting while driving.  The Ontario government’s long awaited law banning such behaviour will hit the streets, complete with charges, February 1st.

Mr. McGuinty had the chance to deal with this problem in a responsible way, in the same way that many jurisdictions have, with heavy fines and jail time.  Unfortunately Dalton decided that it was better to try and get re-elected then do the right thing.

In Ontario the maximum fine for talking or texting on your cell phone is $500.00.  One wonders how many of the recent pedestrian deaths in the Toronto area could have been averted if the cell phone charges had been more heavily enforced with a harder hitting fine?  Your tough enough to save us from pit bulls, but not enough to save us from negligent drivers.  More people are killed by drivers then pit bulls.

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“Hi, I’m Carrie Patterson, Gordon Patterson’s wife,” she said softly. “We were married 23 years. But a distraction on a text message caused us his death.”

So ends the sad tale of a distracted driver, a teacher’s death and the ongoing lesson’s of why texting  and driving is as bad as drinking and driving.  In Washington’s states first vehicular homicide conviction due to text-messaging, Antonio Cellestine, 18 was sentenced to five years for hit and run on a cyclist while he was texting.  Phone records indicate Cellestine was texting his girlfriend at the time his car hit and killed the Hudson’s Bay High School teacher.

“I’ve heard the term ‘accident’ used quite a bit today,” Bennett said after Cellestine pleaded guilty to vehicular homicide and felony hit-and-run. “But this was no accident.”

Gordon Patterson, 50, was hit at 4 p.m. Sept. 15 in a bike lane near the top of the hill on Northeast St. Johns Road in Vancouver City, Washington. He was riding his bicycle home from school where he taught, when Cellestine’s car trailed into the bike lane and struck him from behind. Cellestine then sped away.

Based on witness statements and evidence gathered at the scene, officers arrested Cellestine the next day on suspicion of hit-and-run. They seized his cell phone and subpoenaed records from his cell phone company.

The records showed Cellestine had received and sent numerous text messages in the time leading up to and during the crash, said Deputy Prosecutor Jim David.

That constituted a disregard for the safety of others, David said, so prosecutors filed the vehicular homicide charge earlier this month.

“By focusing on the texting as opposed to driving, he wasn’t paying attention because he was watching his cell phone,” he said.

Cellestine first made up a story to police about smoking a cigar while driving and brought it up again in court Friday. But police say they found no evidence he was smoking.

This is the first of several cases dealing with homicide charges, texting and driving.  A Bellingham teenager was arrested on suspicion of vehicular homicide for allegedly driving and texting when he hit and killed a pedestrian on New Year’s Day. He also was accused of drinking. That case has yet to be resolved.

“I never understood loss until I lost my dad — my best friend,” she said, her voice breaking. “I will always miss my dad …”

The biggest loss, Carrie Patterson said, was losing the future.

“He impacted thousands with his life,” she said. “And we can only imagine how many more it would have been if he was still here.”

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