canada: bike owner charged after loaning out bike

RACER X · 10-29-2009, 09:25 AM

http://www.edmontonsun.com/news/2009.../11546411.html

News
Man charged over lending motorcycle to friend in fatal crash
By TONY BLAIS, COURT BUREAU

Police investigate a fatal July 9 motorcycle crash that killed Joseph Stelter. (KEN ARMSTRONG/Sun file) An Edmonton man has been charged under the Traffic Safety Act after he lent his motorcycle to a friend who died after crashing into cars in a parking lot.

Graham William Turner, 21, appeared in court Monday facing two counts of failing to properly supervise a motorcycle driven by someone with the wrong class of licence.

Turner is slated to be back in court on Dec. 7.

He was charged as a result of Joseph Stelter, 23, dying after the motorcycle he was riding smashed into parked cars in a parking lot on July 9 about 8 p.m.

Police said Stelter lost control of the borrowed motorcycle and collided with the parked cars in a parking lot of a condo complex at 7335 South Terwillegar Dr.

City police traffic section Sgt. Jerry Sobchyshyn said at the time that speed and lack of experience were factors, noting the rider peeled down a lane in the parking lot fast enough to leave a long skid mark, but he couldn’t stop.

Witnesses said the bike slid on its side as it smashed into the rear of a parked car at the end of the lane and Stelter was left wedged under the car. Bystanders had to lift the car off of Stelter.

He was transported to hospital by Stars air ambulance and pronounced dead the following day. The cause of death was blunt cranial trauma.

At the time, city police traffic section Sgt. Gary Lamont also said it appeared driver inexperience was a factor.

“Experience is crucial for the safe operation of any motor vehicle, but motorcyclists are far more vulnerable to serious injury when something goes wrong,” said Lamont.

tony.blais@sunmedia.ca

Trip · 10-29-2009, 09:29 AM

hurray for no self responsibility!

Kaneman · 10-29-2009, 09:32 AM

Unreal.

z06boy · 10-29-2009, 09:57 AM

That really sux but I guess 'if that's the law' he should have known.

The guy riding the bike didn't have the proper license to ride it. I didn't say I agree but that's evidently the way it is.

Several years ago I was out one night... in a 1995 Vette that I owned. I got hammered.

The guy that I was hanging out with that night doesn't normally drink...but he did have a drink that night but only one or two.

I gave him the keys...I passed out in the passenger seat. When I woke up there was a NC State Trooper in my Vette starting it up !!!

What had happened was...we had come up on a traffic check and they smelled alcohol on him and pulled him out of the car and was parking my car on the side of the road.

When I woke up I asked the officer what he was doing and told him this was MY car.

Well he said "oh it's your car(?)...then you're going to jail too for aiding and abetting a DWI !!!! "

They took both of us downtown but luckily my friend passed the breathalyzer and we were both turned loose.

Crazy story but true.

We had to get our own way back to my car which was several miles away...what a trip.

goof2 · 10-29-2009, 11:43 AM

Quote:

Originally Posted by z06boy

That really sux but I guess 'if that's the law' he should have known.

The guy riding the bike didn't have the proper license to ride it. I didn't say I agree but that's evidently the way it is.

Several years ago I was out one night... in a 1995 Vette that I owned. I got hammered.

The guy that I was hanging out with that night doesn't normally drink...but he did have a drink that night but only one or two.

I gave him the keys...I passed out in the passenger seat. When I woke up there was a NC State Trooper in my Vette starting it up !!!

What had happened was...we had come up on a traffic check and they smelled alcohol on him and pulled him out of the car and was parking my car on the side of the road.

When I woke up I asked the officer what he was doing and told him this was MY car.

Well he said "oh it's your car(?)...then you're going to jail too for aiding and abetting a DWI !!!! "

They took both of us downtown but luckily my friend passed the breathalyzer and we were both turned loose.

Crazy story but true.

We had to get our own way back to my car which was several miles away...what a trip.

You are lucky. If that happened here your friend most likely would have been charged with impaired driving or whatever they call it when you are under .08 BAC but they still want to fuck with you. If the cops here take the time to bring you to get breathalyzed you are probably getting arrested for something unless the meter shows .00.

z06boy · 10-30-2009, 11:52 AM

Quote:

Originally Posted by goof2

You are lucky. If that happened here your friend most likely would have been charged with impaired driving or whatever they call it when you are under .08 BAC but they still want to fuck with you. If the cops here take the time to bring you to get breathalyzed you are probably getting arrested for something unless the meter shows .00.

Oh I agree but actaully it was my friend that was lucky and not me to a certain extent. They chose to not charge him with anything but yes I guess they could have.

However as far as me being lucky...the possible charge was "Aiding and abetting a DUI"...well since he didn't blow an .08...I could NOT be charged with anything since his .06 did not constitute a DUI. That is the exact words the magistrate used when the officer asked about me.

They could have charged my friend still being under the influence though as you and I both said.

Actually I WAS LUCKY on another point. There was a loaded Glock under the driver's seat that was mine. I immediatly told the officer about it too but no big deal was made of it I guess because we didn't give them any negative/cocky attitude at all at anytime

I do have a conceal carry permit but obviously that goes out the window when under the influence. I knew that at the time but again...after the officer's looked at it and since I had volunteered the info and everything checked out when they ran a check on it and my non existant criminal record...all was good. It may also have helped that I work in Executive Protection for a very large prominant company and work with LEO's and ex LEO's everyday.

Dave · 10-29-2009, 10:03 AM

Quote:

Originally Posted by Trip

hurray for no self responsibility!

seriously. Lets charge the manufacturer too for making such a dangerous contraption. we wouldnt want people to hurt themselves

Kaneman · 10-29-2009, 11:20 AM

Quote:

Originally Posted by Dave

seriously. Lets charge the manufacturer too for making such a dangerous contraption. we wouldnt want people to hurt themselves

Its coming, and probably not too far off.

z06boy · 10-29-2009, 11:23 AM

Quote:

Originally Posted by Dave

seriously. Lets charge the manufacturer too for making such a dangerous contraption. we wouldnt want people to hurt themselves

Well there was a case this morning on the news about some kid dying from getting hit with a baseball (I think) and the parents were suing "Louisville Slugger" for making the aluminum bat !!!! WTF ???????

CrazyKell · 10-29-2009, 09:50 AM

Weird and fucked up.

In BC, where I got my license, when you had your "beginner" license you had to be supervised at all times by someone else who held an M license (or Class 6 as it is there).

They could be following you in a car, on a bike, etc. Bit of a strange system.

10-29-2009, 09:25 AM	#1
RACER X AMA Supersport Join Date: Nov 2008 Location: Richmond, Tx Moto: '10 Tuono Factory Posts: 4,569	canada: bike owner charged after loaning out bike http://www.edmontonsun.com/news/2009.../11546411.html News Man charged over lending motorcycle to friend in fatal crash By TONY BLAIS, COURT BUREAU Police investigate a fatal July 9 motorcycle crash that killed Joseph Stelter. (KEN ARMSTRONG/Sun file) An Edmonton man has been charged under the Traffic Safety Act after he lent his motorcycle to a friend who died after crashing into cars in a parking lot. Graham William Turner, 21, appeared in court Monday facing two counts of failing to properly supervise a motorcycle driven by someone with the wrong class of licence. Turner is slated to be back in court on Dec. 7. He was charged as a result of Joseph Stelter, 23, dying after the motorcycle he was riding smashed into parked cars in a parking lot on July 9 about 8 p.m. Police said Stelter lost control of the borrowed motorcycle and collided with the parked cars in a parking lot of a condo complex at 7335 South Terwillegar Dr. City police traffic section Sgt. Jerry Sobchyshyn said at the time that speed and lack of experience were factors, noting the rider peeled down a lane in the parking lot fast enough to leave a long skid mark, but he couldn’t stop. Witnesses said the bike slid on its side as it smashed into the rear of a parked car at the end of the lane and Stelter was left wedged under the car. Bystanders had to lift the car off of Stelter. He was transported to hospital by Stars air ambulance and pronounced dead the following day. The cause of death was blunt cranial trauma. At the time, city police traffic section Sgt. Gary Lamont also said it appeared driver inexperience was a factor. “Experience is crucial for the safe operation of any motor vehicle, but motorcyclists are far more vulnerable to serious injury when something goes wrong,” said Lamont. tony.blais@sunmedia.ca __________________ ΜΟΛΩΝ ΛΑΒΕ 2014 GROM! 181cc of FURY 2010 Aprilia Tuono Factory - SOLD 2009 SFV Gladius - SOLD 2008 Hayabusa - SOLD.

10-29-2009, 09:32 AM	#3
Kaneman AMA Supersport Join Date: Nov 2008 Location: Odessa, TX Moto: 2000 Honda CBR1100XX Blackbird Posts: 4,931	Unreal. __________________ 1982 Honda XR80 - blown motor, 1993 Kawasaki ZX6D - sold, 2001 Suzuki Bandit 1200S - sold, 1984 Honda Magna - sold, 2001 Kawasaki ZRX1200R - blown motor, 2007 Suzuki DL1000 V-Strom - totalled, 2003 Yamaha FZ1 - sold, 1994 Honda Magna - sold, 2001 Honda CBR600F4i - sold, 1998 Suzuki DR350 - stolen, 1989 Honda Super Magna - sold, 2007 Yamaha Stratoliner, 2000 Honda CBR 1100XX Blackbird

10-29-2009, 09:57 AM	#4
z06boy Letzroll Join Date: Feb 2008 Location: Lake Norman area, NC Moto: 07 Red R1 & 07 Blue R6 Posts: 5,265	That really sux but I guess 'if that's the law' he should have known. The guy riding the bike didn't have the proper license to ride it. I didn't say I agree but that's evidently the way it is. Several years ago I was out one night... in a 1995 Vette that I owned. I got hammered. The guy that I was hanging out with that night doesn't normally drink...but he did have a drink that night but only one or two. I gave him the keys...I passed out in the passenger seat. When I woke up there was a NC State Trooper in my Vette starting it up !!! What had happened was...we had come up on a traffic check and they smelled alcohol on him and pulled him out of the car and was parking my car on the side of the road. When I woke up I asked the officer what he was doing and told him this was MY car. Well he said "oh it's your car(?)...then you're going to jail too for aiding and abetting a DWI !!!! " They took both of us downtown but luckily my friend passed the breathalyzer and we were both turned loose. Crazy story but true. We had to get our own way back to my car which was several miles away...what a trip.

10-29-2009, 09:50 AM	#10
CrazyKell Vrooom Join Date: Nov 2008 Moto: 06 ZX6R Posts: 4,427	Weird and fucked up. In BC, where I got my license, when you had your "beginner" license you had to be supervised at all times by someone else who held an M license (or Class 6 as it is there). They could be following you in a car, on a bike, etc. Bit of a strange system.