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 [BMW bang die moto] court case today, ppl hentam BMW driver & his father

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ScooterBoi
post May 12 2023, 03:34 PM

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QUOTE(mcchin @ May 12 2023, 12:55 PM)
if you check back the street view

the road BMW coming from was not there at 2018

user posted image

and with new road, they end up with a 3 way stop, since the side road to Hilview used to be the only road linked to the main road

and the new road would have the stop line as well
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So the road was upgraded and the straight (main) road was extended. And yet, the stop lines were still maintain as it was before.

Just checked google street view. Looks like there's no warning sign that there's a junction ahead along the new widen stretch.

For sake of discussing what went wrong, motorists shouldn't be faulted if they didn't stop. They are on the straight main road, would be ridiculous to expect drivers to slam on the brakes when they saw the white line from a near short distance away.

For sake of the accident (and how the investigating officer would see it too), it is reckless driving.

Why? I have only see the photo of the point of accident (when the motorcyclist was hit) and not the video. Imho, the motorbike is already directly in front of the car. The car hit her directly from behind.

Ok. Not going to comment more as this will be a case in court.

Section 41, reckless driving causing death, at least 5k5y.







ScooterBoi
post May 12 2023, 03:44 PM

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QUOTE(Roman Catholic @ May 12 2023, 03:39 PM)
Nope. Town Council had those lines drawn across the road, everyone abides by it. No 2 ways about it.

Bro., do you understand why the Town Council had those lines drawn in the first place or not on the straight road ?
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But I think the city or town council is negligent.


ScooterBoi
post May 12 2023, 03:48 PM

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QUOTE(mcchin @ May 12 2023, 03:43 PM)
coming from a school area POWIIS, (not saying they are from there)
should a driver be more alert?

or izzit like singaporean
at home country kwai kwai chai, woff woff

but pass the imigresen, act like tought guy, speeding, throwing rubish etc

so the BMW drebar pass the school area, and though can speed through and through?
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Managed to view the video, tq to above post. (Post #383).

See the video again and the moments after impact. Not going to comment more.

The 5k5y is referring to 5k fine and 5 years jail if found guilty.

This post has been edited by ScooterBoi: May 12 2023, 03:49 PM
ScooterBoi
post May 13 2023, 11:47 AM

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QUOTE(sohailayhun @ May 12 2023, 03:31 PM)

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QUOTE(Fighteden @ May 13 2023, 06:28 AM)
The driver seems to be trying to change the narrative here by insisting he is abiding all rules on the road and using his father's injury to gain sympathy.


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user posted image

(The above picture, showing the misplace impact point, was taken from the above video.)

By focusing on the T-junction?

Not going to help him much as the accident was fully captured on a cctv, and the point of impact is after the junction, not inside the junction. See below picture from the cctv.

user posted image

Though the fb post is no longer available, it did show the where the impact point was, and more important, the moments after the impact until the car stopped.

It obviously shows the driver has no control of the car after the impact.

The million dollar question: was the driver in control of the car before hitting the bike?

In control meaning the driver is driving the car at a speed he has control over and able to stop at a notice and reasonable distance, heading and guiding the car in a direction he wants with his eyes on the road and hands on the steering wheel.

In short, if a car is going straight on the road, it could be the mechanics of the wheel alignment that is holding the car straight, and not the driver. The driver is merely a passenger and not in control of the car.

The driver has clearly lost control over his vehicle after the point of impact. Was he in control before impact?


ScooterBoi
post May 13 2023, 12:44 PM

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QUOTE(Adelyyne @ May 13 2023, 12:13 PM)
Agree with you on the accident "happened outside the junction".

Driver trying to get away from the accusation of dangerous driving, caused a death.
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If not mistaken, it was mentioned in the news that the police is investigating the accident under section 41, reckless driving causing death, which is at least 5 years jail time if found guilty.

The accident happened on Monday, 10.18am; date and time as in the bottom left of the cctv.

The cctv video surfaced and gone viral yesterday. I wonder why. 🤔

ScooterBoi
post May 13 2023, 01:10 PM

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QUOTE(Adelyyne @ May 13 2023, 12:51 PM)
I think yesterday was also the same day as the funeral of the deceased lady.
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And the Chinese newspaper only busybody yesterday and ignoring the juicy report on the fist brawl btw the 2 families at that road... until yesterday. smile.gif

A resident got the fist brawl on video from above ground viewpoint.

ScooterBoi
post May 13 2023, 01:19 PM

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QUOTE(lfw @ May 13 2023, 01:00 PM)
https://asklegal.my/p/reckless-driving-spee...cident-malaysia

» Click to show Spoiler - click again to hide... «


Imprisonment between 2 – 10 years
A fine between RM5,000 – RM20,000
Suspension of your driving licence for at least 3 years (at least 10 years after the first offence)
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The act has been enhanced
https://myipoh.my/the-legal-liability-of-a-driver/

Min. 20k to max 50k
Min. 5yrs to max 10 yrs.

While in section 42, reckless driving...
"The minimum fine for the first time is five thousand ringgit up to a maximum of fifteen thousand ringgit and in addition the court has a discretion to impose an imprisonment term of up to five years."


ScooterBoi
post May 14 2023, 05:10 PM

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QUOTE(ScooterBoi @ May 13 2023, 11:47 AM)
user posted image

Though the fb post is no longer available, it did show the where the impact point was, and more important, the moments after the impact until the car stopped.

It obviously shows the driver has no control of the car after the impact.

The million dollar question: was the driver in control of the car before hitting the bike?

In control meaning the driver is driving the car at a speed he has control over and able to stop at a notice and reasonable distance, heading and guiding the car in a direction he wants with his eyes on the road and hands on the steering wheel.

In short, if a car is going straight on the road, it could be the mechanics of the wheel alignment that is holding the car straight, and not the driver. The driver is merely a passenger and not in control of the car.

The driver has clearly lost control over his vehicle after the point of impact. Was he in control before impact?
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QUOTE(icebryanchan @ May 14 2023, 04:21 PM)
As someone who drives in Penang for more than 5 years, motorcyclists are coming out from junctions without stopping or without even looking 95% of the time. I am always angry about them and curse them to be rolled under big lorries. But that doesn't mean I can hit them to death and escape any punishment.

When a motorcyclist comes out from junction IN A RESIDIENTIAL AREA without checking,
A. Car with proper speed and driver with full attention, would have seen that almost immediately, initiated an emergency brake, knocked down the motorcyclist with injury, and the motorcyclist should fall down almost the same spot where he/she gets knocked.
B. Car which is over speeding, driver who are not paying attention ( probably playing phone ), would not see him/her coming out from junction, continue speeding, then hear a big bang, drag for a few meters, motorcyclist fly up high, only then come to brake.

In this case, the BMW driver obviously speeding ( from the video ) in residential area, not paying attention ( did not brake in time and some more dragged her body for such long distance ) and doesn't respect for others' life at all ( being cocky and not even apologizing after killing auntie ).

This driver should get sentenced for maximum ( 10 years for dangerous driving I think ? ) punishment. Sadly there is no heavier punishment for drive-to-kill in Malaysia.
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No longer have access to the fb post, the car went off the road after hitting the bike... something like the red line drawn in below picture...

user posted image
ScooterBoi
post May 14 2023, 06:09 PM

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The reason why the cctv video was only available days after the accident...

"The female homeowner said today that she and her family went on vacation on the day of the car accident (8th of this month) and returned home a few days later.

She said that she and her family did not know that there had been a fatal car accident in front of the house until the family members of the deceased came to the door and asked to check the CCTV.

"After we searched, we found that there was indeed a car accident, and we gave the video of the car accident to the family of the deceased."

https://www-sinchew-com-my.translate.goog/?...=en&_x_tr_hl=en


ScooterBoi
post May 15 2023, 12:36 PM

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QUOTE(MishimaZ @ May 15 2023, 10:56 AM)
Just another day in Penang land of fairness - when we all know in fact its all a façade done by DAP to hide its scamming and plotek criminals state reality.

I tell you, bring to court at most also sit in jail 2 years denda 5k because papa mama is there to protek as usual by approaching the state MB's party and 'settle' one. 

Life and justice is very cheap when its in Penang.
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Section 41, driving recklessly causing death, is at least 20k to max 50k fine AND at least 5 yrs to max 10 yrs jail sentence.

Read this link to learn more what is inconsiderate driving and which section the police will apply the charges, section 41, 42 or 43.

https://myipoh.my/the-legal-liability-of-a-...ligent%20manner.

(I have the link bookmarked for reference and as a reminder. smile.gif )


ScooterBoi
post May 15 2023, 01:11 PM

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QUOTE(MishimaZ @ May 15 2023, 12:39 PM)
Ah thanks for the info, just on news always see people serve very short time.

Btw any reduction fmupon good behavior basis?
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The act has been enhanced with stiffer fines and heavier sentences in recent years.

Previously, section 41 was at least 2 yrs.

If not mistaken, got time deducted for public holidays too.

The linked article explain clearly what would be driving inconsiderate without due care to other road users (under certain circumstances) and how it would be defined as reckless driving.

Hence in a previous post, I mentioned about not being in control of the car. This would imply inconsiderate and incompetent driving and also reckless driving.

Also in a previous post, the cctv video fully captured the accident, and it was only available days later after last Monday (date and time on the bottom left in the video) as the house owner was on vacation and away from home.

Let's await any further news on what the charges would be.






ScooterBoi
post May 15 2023, 01:59 PM

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QUOTE(Raddus @ May 15 2023, 01:40 PM)
Thats why whenever you near junction you should always lift the throttle even if you have right if way
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Yeah, it looks like there's lot of new drivers or non- drivers commenting here. smile.gif

It's a wide junction, vehicles would be cutting across your path going in or out of the lane on the left... driving direction as in below picture.

Regardless of stop line or not, only newbie drivers and aggressive driving would speed through a wide junction.

Lastly, the bike was not turning right and crosses the path of the car. So regardless of whether there is a stop line or not, it is not that relevant to the accident.

The accident spot is after the junction, in front of the 1st house on the left, and the bike is in front of the car and it was hit directly from behind.

user posted image

This post has been edited by ScooterBoi: May 15 2023, 02:04 PM
ScooterBoi
post May 15 2023, 02:37 PM

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QUOTE(poweredbydiscuz @ May 15 2023, 02:01 PM)
Good question. Why?

No road sign, no stripes, no bump, no prior warning, suddenly want the cars come to full stop.

Why?
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I have the same thoughts too.

In my first post in this thread, there's a picture showing the wide road bending into the housing estate. At the bend is a narrow road with undergrowth and a stop line.

After the narrow road was expand to a 4-lane through fare, there's no strips, no raised divider built to have a stop sign in the middle of the widen 4-lane road.

The junction becomes a major road junction. I wonder how the house owners there feel... a major road junction just besides their driveway. Must be difficult for them getting out everyday.

The 1st house, turning to his right would be a miss and go every time because there could be vehicles coming out from the junction

It becomes a major junction, but there's no slip lane for vehicles turning left.

When the narrow road was upgraded to a 4-lane road (in anticipation of increasing traffic volume), maybe they should widen the road in front of the short row of houses and have a separate inner road... something like in the crudely sketch below... with the junction away from the houses, and with proper slip lanes, either turning it into a traffic light junction or a roundabout.

And realigning the junction more to the right side and thus curving the 4-lane straight road.

user posted image

ScooterBoi
post May 15 2023, 02:46 PM

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QUOTE(lyekit @ May 15 2023, 02:40 PM)
Just put speed bump every 100 meter la. Confirm safe one.

By the way, that house where the accident happened and someone passed away in front of it...  the value of the property how? Got drop ar?
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Just because of sohai incompetent speeders, other drivers have to suffer the road bumps too. Niama. smile.gif


ScooterBoi
post May 15 2023, 11:27 PM

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QUOTE(Blofeld @ May 15 2023, 11:10 PM)
yes yes might as well remove traffic lights in junctions to ensure safety and smooth traffic flow
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This is precisely the reason to have roundabouts! To remove traffic lights for smoother traffic flow.

Actually in entering roundabout (which has no traffic lights), you don't have to stop completely. You only do a full stop when there's traffic coming on your right.

When you are approaching a roundabout, there's only one direction you can go, a left turn. You slow down and see whether there's traffic on your right, if no traffic, don't stop but continue your way.

If the car is moving slow, and if you think you can move in without incident, then you don't have to stop and yield to let him pass first.

There's no such nonsense of car reaching the roundabout first on the other side, and you must let him enter and exit first before you enter the roundabout.


ScooterBoi
post May 16 2023, 12:20 AM

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QUOTE(Blofeld @ May 15 2023, 11:38 PM)
roundabout is a good one where it encourages everyone to at least stop or slow down.

ok assuming there are no others car inside the roundabout

if there is another vehicle in the junction ahead of you entering the roundabout first, then you should give priority to him first.

You don't go bang into that person and then claimed the vehicle suddenly came out from the junction. The other vehicle is there first, so one should slow down for that vehicle who came in first in the other junction.

likewise in this case, where are stop lines for all lanes. Whoever there first is given priority first. BMW should slow down for the auntie who appeared in front of him first.
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No no no. In a roundabout, you only need to watch out for cars coming from your right. Whether you yield and let him pass first or you don't yield and move on, it's your judgement.

In a roundabout (without traffic light system), by right there's no straight stop lines, it would be dotted lines.

So a roundabout is not comparable to a T-junction. A roundabout is a good replacement for this sort of T-junction.

Regardless of whether there's a stop line or not, the driver was driving without due care to the motorcyclist. The bike was moving ahead of him and was moving in the same direction as him when the accident happened.

The stop lines would have come into play if the motorcyclist was turning to her right, and the car hits her sideways.

It is inconsiderate and reckless driving to overtake the motorbike on a narrow stretch that overtaking is not allowed.

Yes, it is overtaking and not 'passing' as the bike and car was on the same lane.

---+---+---

Added: see below picture, it is a wide junction. If that's your viewpoint, you would see the bike moving and rounding the corner, and would be slowing down to have some space btw her and the front end of your car.

user posted image

This post has been edited by ScooterBoi: May 16 2023, 12:29 AM
ScooterBoi
post May 16 2023, 02:37 AM

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QUOTE(Blofeld @ May 15 2023, 11:44 PM)
Penangites will know this roundabout at Jalan Terengganu very well

There are stop lines for all parties. All should come to a stop.

But very often, you will often see some speeding cars and bikes along Jalan Terengganu who didnt stop at all.

If you are coming from Jalan P Ramlee, you are often at the mercy of those speeding cars and bikes along Jalan Terengganu. Some of them don't recognise the stop lines at all.

user posted image
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Lol 😂 that's not a roundabout, that's a trap to lose your insurance ncb!

This is a proper roundabout... before you enter the roundabout, you only need to watch out for cars coming from your right.

user posted image
ScooterBoi
post May 22 2023, 05:47 PM

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Run oversea to Danok?

Or just angkat tangan at riverside jeti and take sampan to Golok?

ScooterBoi
post Jun 21 2023, 12:52 PM

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Latest update...

user posted image Oo Cheng Sing, 28, claimed trial for the charge which was read to him before Magistrate Nur Melati Diana Abdul Wahab.- NSTP/MIKAIL ONG

GEORGE TOWN: A part-time music teacher was charged at the magistrate's court with dangerous driving causing the death of a female motorcyclist last month.

Oo Cheng Sing, 28, claimed trial for the charge which was read to him before Magistrate Nur Melati Diana Abdul Wahab.

He indicated to the court interpreter that he understood the charge that was read to him.

Oo allegedly committed the offence at Jalan Loh Poh Heng at about 10.20am on May 8

The charge was framed under Section 41(1) of the Transport Act 1987, which provided for imprisonment of up to 10 years and a fine of not more than RM50,000 upon conviction.

https://www.nst.com.my/news/crime-courts/20...g-motorcyclists



 

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