Tag Archives: court

Driver on bail over fatal bike crash

A 70-year-old ute driver remains on bail for another month after a fatal motorcycle crash in Dubbo on New Year’s Eve 2019.

NSW Police say the driver’s ute collided with a motorcycle about 9pm on the Mitchell Highway in Maryvale, just north of Wellington.

A male rider, aged 26, died at the scene.

The utility caught fire and was extinguished by NSW Rural Fire Service.

Driver Daniel Toohey and his female passenger suffered injuries and were airlifted to Orange Base Hospital.

Orange Police arrested Toohey on Australia Day (26 January 2020) and charged him with:

He was granted conditional bail which was continued this week when the matter was mentioned in Wellington Local Court. Toohey was not required to attend.

The matter has now been held over for further mention (committal) on 16 June  2020.

We will continue to follow this matter through the courts.

Our sincere condolences to the rider’s family and friends.

Utility crashes

Ute does runnerUte backs over bike without seeing it

We have published several articles about crashes involving motorcycles and utilities.

Without suggesting any blame for any of these incidents, it seems that a lot of motorcycle crashes involve a ute; just search our website for “ute crash”.

We suggest riders exercise extra caution when riding near utilities and trucks.

Ute drivers often use them as their work vehicle and may be distracted by calls involving their work.

They can also be loaded up with equipment and tools that could illegally disrupt a clear view of a small motorcycle in traffic.

You should also be aware that in some states, such as Victoria, there is no legal requirement for these drivers to cover their load.

So watch out for hazardous objects that could fall out of them.

Source: MotorbikeWriter.com

Unlicensed rider on death charge

An unlicensed 31-year-old man riding an allegedly stolen trail bike has been charged after a fatal crash with two pedestrians in western NSW on Friday (10 April 2020).

NSW Police say the incident occurred in Creedon Street, Broken Hill, about 8.30pm.

A 34-year-old woman was treated by NSW Ambulance paramedics but died at the scene.

A 57-year-old man was taken to Broken Hill Hospital in a serious condition, before he was airlifted to Dubbo Base Hospital with leg and rib injuries.

The trail bike rider, which was not wearing a helmet, was also injured but allegedly attempted to leave the scene and was held by witnesses until police arrived.

He was taken to Broken Hill Hospital under police guard for treatment and mandatory testing.

Officers from Barrier Police District established a crime scene and commenced an investigation into the circumstances surrounding the crash.

Following inquiries, the rider was charged – while in police custody at hospital – with aggravated dangerous driving occasioning death, aggravated dangerous driving occasioning grievous bodily harm, take and drive conveyance, expired licence, motorbike rider not wear a helmet, and not give particulars to police.

Police will allege in court the man stole the trail bike earlier that day from a house in Broken Hill and was riding it at a speed above the sign posted 50km/h zone when he hit the pedestrians.

He was refused bail to appear before Dubbo Local Court via AVL today (Sunday 12 April 2020).

A report will be prepared for the information of the Coroner.

Our sincere condolences to the family and fiends of the woman who died and out best wishes to the other pedestrian for a full and swift recovery.

Unlicensed riding

The Federal Chamber of Automotive Industries believes that unlicensed riding has increased because it is too difficult and expensive to get a licence these days.

In the same decade that licensing has become tougher, the proportion of unlicensed riders has almost doubled, according to a Monash University Accident Research Centre (MUARC) report.

Check out the articles below that we have published in recent years on this trend of unlicensed riding.

The growth of unlicensed riding crashes should concern all road goers, as well as pedestrians.

It not only creates danger on our roads, but their crash statistics skew the toll which creates a worse impression of riding.

Unfortunately, governments grab these crash stats and use them to impose tougher restrictions on all riders.

MUARC says 7% of all motorcycle crashes involve riders without a valid motorcycle licence.

Take those numbers out of the motorcycle crash statistics and they would be more realistic.

Unlicensed riders also tend to have 25% more serious injury crashes than licensed riders, MUARC says.

That’s probably because they tend to ride older motorcycles that don’t have modern and safer brakes and handling characteristics.

Source: MotorbikeWriter.com

Bail rejected in motorcycle massacre case

A US Superior Court judge has rejected a bail hearing for young truck driver Volodymyr Zhukovskyy who mowed down 10 motorcycles, killing seven people in a New Hampshire highway crash in June 2019.

His defence had claimed that the lead rider of the Marine Jarheads Motorcycle Club was over the centre line and had a blood alcohol concentration of 0.135.

However, Judge Peter H. Bornstein rejected the bail application because Zhukovskyys record showed he had a “pattern of illicit drug and alcohol use”.

The 24-year-old was arrested near his home in West Springfield, Massachusetts, three days after the carnage on a fugitive-from-justice charge.

He has also been charged with seven counts of manslaughter, seven counts of negligent homicide-DUI, seven counts of negligent homicide, one count of aggravated driving while intoxicated and one count of reckless conduct.

volodoymyr zhukovskyy Rider killer faces long jail term carnage jail timeZhukovskyy in court

Depending on verdicts, he faces more than 100 years’ jail time. New Hampshire is now considering increasing jail time for any driver who kills another after previous drunk driving convictions.

Zhukovskyy has two prior drink-driving convictions yet still held a Massachusetts commercial driver’s license. 

The state is also planning to allow the Director of Motor Vehicles to suspend or revoke an out-of-state truckers’ right to drive in a direct response to the multi-fatal.

Bali hearing rejected

Zhukovskyy is currently under arrest pending trial.

Her is alleged to have crossed the centre yellow line and run into a group of oncoming riders from the JarHeads Marine veterans group on their way to a charity event.

However, his lawyers say a new report into the incident claims club president Albert Mazza Jr. had a blood alcohol level of 0.135, according to an autopsy report, and that he had been looking back at his fellow bikers just prior to the crash.

Prosecutors say that on the morning of the crash Zhukovskyy consumed two “baggies” of heroin and half a gram of cocaine.

“The defendant’s criminal history proves that he is a danger, and preventative detention is the only way the court can ensure the safety of the public, and the defendant,” state prosecutors said.

The judge agreed.

Jail time

Under New Hampshire law, negligent driving can currently be charged as a Class A if Zhukovskyy was intoxicated at the time.

Zhukovsky initially told officers he was leaning down to get something in his truck.

However, the Federal Motor Carrier Safety Administration says Zhukovskyy tested positive for some type of narcotic or amphetamine at the time of the crash.

That makes it a Class A felony, so the term can go up to 15 years.

The judge may apply either concurrent or consecutive penalties, but there is no law requiring them to do so.

If they are consecutive, it could amount to 105 years in jail. That could multiply if the state approves the Bill for tougher penalties.

Zhukovskyy was to face a hearing in November 2019 but it has been delayed until November 2020.

He is a legal immigrant with a probationary green card who has been living in the USA for 13 years with his family. He may be deported back to the Ukraine if he is ever released from police custody.

Highway carnage

Pick-Up crash with US riders accidentAll US crash images Associated Press

The victims were members and associates of the Marine Jarheads Motorcycle Club who had just left their accommodation to attend their AGM.

They were hit by a Dodge 2500 pick-up truck carrying a long flat-bed trailer.

Club JarHeads president Manny Ribeiro says the driver “turned hard left into us and took out pretty much everyone behind me”.

Because the trailer was attached and it was such a big trailer, it was like a whip. It just cleaned us out.”

Among the carnage were a husband and wife.

The club consists of active duty or honourably discharged Marines and FMF Corpsmen.

Pick-Up crash with US riders accidentImage: AP

Three people were also injured and taken to nearby hospitals.

The ages of the victims ranged from 42 to 62.

gofundme account has been set up to rally support for the families of the victims.

It raised nearly $229,000 in the first day from more than 4720 people from across the US. It has raised almost $US590,000 ($A684,284) from more than 11,000 supporters.

As a result of crash investigations that found the driver should have had his licence revoked for previous drug charges, the Massachusetts motor vehicles chief resigned.

Source: MotorbikeWriter.com

Can you fight a pandemic non-compliance fine?

With states fining people thousands of dollars for non-compliance with pandemic travel restrictions, riders are understandably concerned about copping a fine for going on even a short ride.

Police have said officers will use their “judgement” and all fines will be assessed.

Queensland State Disaster Coordinator Deputy Commissioner Steve Gollschewski explains how they will approach the issue:

Where police will take action is if there are blatant or wilful breaches happening in the community.

It will then be up to riders to challenge the fine in court.

In this new “police state” of ours, riders could be fined for a short ride around their neighbourhood to “clear the cobwebs”, get a bit of sunshine and some light exercise, even  if they stay within all health guidelines and social distancing measures.

Pandemic ride responsibly

Non-compliance fines

At the moment there is a bunch of rules, suggestions and directives from health departments, politicians and police.

They don’t match and they vary from state to state. They are so confusing! (Click here to take our rider survey on pandemic restriction rules.)

What’s the difference and which do we obey?

In the end, it’s the police who issue the fines.

Police have reasserted that ignorance is never a defence, but surely it is in this case of hastily drafted rules that change so quickly and are contradictory.

So we asked Brisbane barrister and motorcyclist Levente Jurth for his opinion.

“Your questions are understandable, but you’ve asked for answers to hundreds, if not thousands, of variables, many of which continue to change on a daily basis,” he says.

“Obviously, I can’t respond to that.

“As a broad overview, I think the position is this: if someone is obviously doing the wrong thing and is being deliberately disobedient, then they will be punished if they get caught.

“On the other hand, anyone who is conscientiously trying to do the right thing and is doing their best to act in compliance with the applicable directives will likely be treated with some flexibility (eg. a warning), even if they have technically contravened a specific rule.”

If the matter does go to court, it could be some time until it is heard as courts are effectively closed for all but serious matters during the pandemic.

Source: MotorbikeWriter.com

Longer jail time for negligent driver

A young truck driver who mowed down 10 motorcycles, killing seven people in a New Hampshire highway crash in June 2019, faces even longer jail time.

Volodymyr Zhukovskyy, 24, was arrested near his home in West Springfield, Massachusetts, three days after the carnage on a fugitive-from-justice charge.

He has also been charged with seven counts of manslaughter, seven counts of negligent homicide-DUI, seven counts of negligent homicide, one count of aggravated driving while intoxicated and one count of reckless conduct.

volodoymyr zhukovskyy Rider killer faces long jail term carnage jail timeZhukovskyy in court

Depending on verdicts, he faces more than 100 years’ jail time. However, New Hampshire is now considering increasing jail time for any driver who kills another after previous drunk driving convictions.

Zhukovskyy has two prior drink-driving convictions yet still held a Massachusetts commercial driver’s license. 

The state is also planning to allow the Director of Motor Vehicles to suspend or revoke an out-of-state truckers’ right to drive in a direct response to the multi-fatal.

Zhukovskyy is allegedly to have crossed the centre yellow line and run into a group of oncoming riders from the JarHeads Marine veterans group on their way to a charity event.

Meanwhile no charges have yet been laid over an October crash in which a Kia Rio on the wrong side of the road ploughed into a group of six riders, killing one in Kyogle, NSW.

Car ploughed into riders monthKyogle crash aftermath (Image: Seven News)

NSW Police tell us the matter is “still under investigation”.

Jail time

Under New Hampshire law, negligent driving can currently be charged as a Class A if Zhukovskyy was intoxicated at the time.

Zhukovsky initially told officers he was leaning down to get something in his truck.

However, the Federal Motor Carrier Safety Administration says Zhukovskyy tested positive for some type of narcotic or amphetamine at the time of the crash.

That makes it a Class A felony, so the term can go up to 15 years.

The judge may apply either concurrent or consecutive penalties, but there is no law requiring them to do so.

If they are consecutive, it could amount to 105 years in jail. That could multiply if the state approves the Bill for tougher penalties.

Zhukovskyy was to face a hearing in November 2019 but it has been delayed until November 2020.

He is a legal immigrant with a probationary green card who has been living in the USA for 13 years with his family. He may be deported back to the Ukraine if he is ever released from police custody.

Highway carnage

Pick-Up crash with US riders accidentAll US crash images Associated Press

The victims were members and associates of the Marine Jarheads Motorcycle Club who had just left their accommodation to attend their AGM.

They were hit by a Dodge 2500 pick-up truck carrying a long flat-bed trailer.

Club JarHeads president Manny Ribeiro says the driver “turned hard left into us and took out pretty much everyone behind me”.

Because the trailer was attached and it was such a big trailer, it was like a whip. It just cleaned us out.”

Among the carnage were a husband and wife.

The club consists of active duty or honourably discharged Marines and FMF Corpsmen.

Pick-Up crash with US riders accidentImage: AP

Three people were also injured and taken to nearby hospitals.

The ages of the victims ranged from 42 to 62.

gofundme account has been set up to rally support for the families of the victims.

It raised nearly $229,000 in the first day from more than 4720 people from across the US. It has raised almost $US590,000 ($A684,284) from more than 11,000 supporters.

As a result of crash investigations that found the driver should have had his licence revoked for previous drug charges, the Massachusetts motor vehicles chief resigned.

Source: MotorbikeWriter.com

Driver committed on hit-run bike crash

After six months and seven court appearances, a driver who allegedly ran a red light, hitting and injuring a motorcyclist, has finally been committed to stand trial.

Driver Daniel Marjoribanks was charged on 12 September 2019 after the crash at the intersection of Schofields and Windsor roads, Rouse Hill.

He appeared for the seventh time this week in Parramatta Local Court where the matter was adjourned for a hearing on 5 June 2020.

NSW Police say his Nissan utility was travelling south on Windsor Road, Rouse Hill, about 9.30pm when it approached the intersection of Schofields Road and was faced with a red right turn arrow.

“The driver allegedly turned right against the red arrow and struck a motorcycle which was being ridden north through the intersection,” police will allege.

The motorcyclist, a 63-year-old man, suffered multiple compound fractures to his right leg and fractured ribs.

Marjoribanks was charged with:

  • Dangerous driving occasioning grievous bodily harm;
  • Negligent driving occasioning grievous bodily harm;
  • Fail to stop and assist after vehicle impact causing grievous bodily harm;
  • Fail to stop and assist after impact cause injury;
  • Drive when visiting privileges withdrawn – first offence; and
  • Not give particulars to injured person.

Source: MotorbikeWriter.com

Tourist committed over fatal bike crash

British tourist Graham Stephen Belcher, 52, has been committed to stand trial over multiple charges involving a fatal crash with two motorcycles on 2 September 2019.

His committal trial will be held in Tweed Heads Local Court on 22 April 2020 and Belcher will appear via video link from jail.

NSW Police will allege the unlicensed driver in a rental car did not give way to two motorcycles at the intersection of Riverside Drive and Tweed Valley Way in Tumbulgum near Tweed Heads, about 3.20pm on 2 September.

Scott Rose, 39, died at the scene and his riding partner, Barry Nolan, was taken to Tweed Heads Hospital with minor injuries. He later released from hospital.

Scott Rose, wife Tenniel and his children Lacey and NashScott Rose, wife Tenniel and his children Lacey and Nash

Fail to stop

Belcher failed to stop and his Hyundai tourist rental car was later found abandoned at Terranora.

He was arrested at Brisbane International Airport at 2am the next day as he was about to board a flight to Hong Kong.

He was extradited to NSW on an outstanding warrant and was also charged with:

  • dangerous driving occasioning death – drive manner dangerous;
  • fail to stop and assist after vehicle impact causing death;
  • negligent driving (occasioning death);
  • cause bodily harm by misconduct in charge of motor vehicle;
  • drive while licence cancelled;
  • not give way to vehicle (give way sign/line); and
  • driver fails/refuses to disclose his identity.

Family fundraiser

Scott Rose, wife Tenniel and his children Lacey and Nash fundraiserScott Rose, wife Tenniel and his children Lacey and Nash fundraiser

A fundraiser page was started to raise money for Scott’s family.

You can support the fundraiser by clicking here. It is still open and so far more than $17,000 of a $10,000 goal has been raised.

The fundraiser page was started by brother-in-law, Codie Holliday, to raise money to support Scott’s wife Tenniel and his children Lacey, 9, and Nash, 6.

“As the sole income provider for his family, Scott’s tragic death is impacting his family in so many awful ways, including financially,” Codie says on the fundraiser page. 

Scott was a maintenance technician at Movie World and Sea World.

Codie says Scott “loved riding bikes, fixing them, his kids both have bikes and I’m fairly sure the garage has a number of ongoing bike ‘projects’ always”.

Source: MotorbikeWriter.com

Drivers face court over motorbike crashes

Two drivers who ran a red light and a give way sign, hitting and injuring motorbike riders have appeared in court today (29 January 2020) as the wheels of justice grind slowly on.

Give way crash

Liverpool driver Shaokun Zhu, 30, appeared in Liverpool Local Court today charged with negligence after allegedly driving through a give way sign and hitting a motorcyclist in Sydney’s west on 30 October 2019.

He has now been listed for a hearing on 26 May 2020.

NSW Police will allege he was driving a Volkswagen Passat west along Cabramatta Road West when he went through a give way sign without stopping.

His VW hit a motorbike being ridden by a 28-year-old man who was thrown from the bike.

The rider suffered significant injuries including a fractured shoulder, pelvis and hip, as well as serious cuts and abrasions.

The scene was examined by officers from the Metropolitan Crash Investigation Unit.

Shaokun Zhu was arrested and charged with dangerous driving occasioning grievous bodily harm, negligent driving occasioning grievous bodily harm.

His licence was suspended and he was given conditional bail which has been extended.

Red light crash

In the second incident last September, SUV driver Daniel Marjoribanks was charged after allegedly running a red light and hitting a rider at the intersection of Schofields and Windsor roads, Rouse Hill.

“The driver allegedly turned right against the red arrow and struck a motorcycle which was being ridden north through the intersection,” police will allege.

The motorcyclist, a 63-year-old man, suffered multiple compound fractures to his right leg and fractured ribs.

Marjoribanks was charged with:

  • Dangerous driving occasioning grievous bodily harm;
  • Negligent driving occasioning grievous bodily harm;
  • Fail to stop and assist after vehicle impact causing grievous bodily harm;
  • Fail to stop and assist after impact cause injury;
  • Drive when visiting privileges withdrawn – first offence; and
  • Not give particulars to injured person.

He appeared for the third time in Blacktown Local Court this morning where the matter was again adjourned for mention on February 12.

Source: MotorbikeWriter.com

Driver charged over fatal bike crash

A 70-year-old male driver will face court in March charged over a fatal motorcycle crash in Dubbo on New year’s Eve 2019.

NSW Police say the driver’s ute collided with a motorcycle about 9pm on the Mitchell Highway in Maryvale, just north of Wellington.

A male rider in his 20s died at the scene.

NSW Police say that due to the circumstances of the crash, he has still not been formally identified.

The utility caught fire and was extinguished by NSW Rural Fire Service.

The driver and his female passenger suffered injuries and were airlifted to Orange Base Hospital.

Orana Mid-Western Police District officers and the Crash Investigation Unit began investigating the crash.

Police say that, “following inquiries”, a 70-year-old man attended Orange Police Station yesterday (26 January 2020) and was arrested.

He was charged with:

He was granted conditional bail to appear at Wellington Local Court on 19 March 2020.

Our sincere condolences to the rider’s family and friends. We will follow this matter through the courts.

Meanwhile, NSW Police advise that no charges have yet been laid over the fatality involving a Kia Rio and six motorcycles in Kyogle on 20 October 2019.

The killed rider and five injured riders and pillions were members of the Sons Of The Southern Cross motorcycle club.

Car ploughed into riders monthKyogle crash aftermath (Image: Seven News)

Mobility scooter rider dies

An 80-year-old man has died in hospital today (27 January 2020) after his mobility scooter collided with a utility in Sydney’s last Wednesday.

Police say the scooter drove out of a driveway on Milton Street, Granville, on to the road where it was hit by a VW Amarok.

The rider was treated at the scene by NSW Ambulance paramedics before being taken to Westmead Hospital in a critical condition.

The 39-year-old male driver of the utility was breath tested at the scene and returned a negative result.

We trust this will not be recorded in the statistics as a fatal motorcycle or moped crash.

Our sincere condolences to the scooter rider’s family and friends.

Source: MotorbikeWriter.com

Guy Martin’s second Great Escape

Just weeks after completing the two jumps from The Great Escape, former Isle of Man TT racer turned TV daredevil Guy Martin has pulled off a second great escape on charges of having a fake driving licence.

It wasn’t his motorcycle licence at issue but his Irish licence to drive a heavy goods vehicle.

In December 2018, he pleaded not guilty in Lincoln Crown Court on two charges of using a fake Irish driving licence to secure a UK HGV licence.

The matter has been dragging on since then and was expected to be sorted in court on Monday (6 January 2020).

However, the judge and prosecution have now agree with psychiatric advice that Guy truly believed his licence was genuine because of his autism.

They have now dropped all charges.

Second great escape

Guy Martin practises Great Escape jump
Guy makes a second great escape

It’s a great escape for the likeable larrikin who has proved his bravery and skill with several daring stunts for his British TV show.

In 2018, he broke the speed record for riding an Indian Scout around the Wall of Death and crashed while attempting to break the 400mph speed barrier in a Triumph streamliner.

Guy Martin Wall of Death speed recordGuy Martin Wall of Death speed record
Guy cheats wall of death

Last month, he completed the second failed jump over a barbed wire fence from the 1963 World War II POW film, The Great Escape on a specially prepared  Triumph Scrambler 1200.

The bike was modified with different suspension, a lot of weight stripped off, punchy little exhaust and god knows what else under the skin.

Guy even had his trademark unkempt hair cut to look just like McQueen’s!

The jump was aired on the UK’s Channel 4 and you had to be a British TV licence holder to watch it.

The video is not yet on Guy’s or Channel 4’s YouTube channel nor social media and there is no word yet on when it will be available.

Meanwhile, here is the preparation video.

Next stunt for Guy

Guy’s next stunt will be to break the 300mph (482.8km/h) speed barrier on a motorcycle within a mile (1.6km).

The last person to attempt the record, Bill Warner, crashed and died after a tyre failure.

“If anything goes wrong, if it all goes to shit, they’re all right,” says Guy. “Sharon and Dot are all right, and the dogs, Nigel and Steve.”

Source: MotorbikeWriter.com