Case Study

Emma way, who tweeted she'd hit a #bloodycyclist charged with careless driving

Incident date: 
Sun, 19 May 2013

Emma Way, who hit cyclist Toby Hockley but failed to stop at the scene or report the the incident, then later tweeted she had hit ‘a bloody cyclist’, has been issued with a summons to answer charges of driving without due care and attention, failing to stop after an incident and failing to report an incident.

In an interview with the BBC, Hockley said of Ms Way: “She hit me hard, really hard. I am lucky to be alive. But I managed to get out of the hedge and stand up.

“The car was nowhere to be seen. She hit me and she was gone. All I know is that it was a blonde girl driving.”

Ms Way claims her driving was not at fault. Ms Way’s position (outlined through her solicitor, Simon Nicholls) is that her driving wasn’t at fault, and that Toby Hockley, the cyclist, was the one who hit her.

Nicholls said “All the way through, Emma has said, ‘it wasn’t my driving that was at fault. It was the cyclist who clipped my mirror, not the other way round’.”

In an interview on BBC Breakfast, when asked about her failure to stop, Ms Way said “I did stop. I don’t know what the point is that I didn’t stop. I stopped, looked in my rear, I assessed the situation and I saw that there was no need to stop. If he’d wobbled and gone to the side there’s no way I would have driven off.”

Way will appear before Norwich Magistrates’ Court on August 16th.

  • UPDATE (16/08/13)

Emma Way has pleaded not guilty to all three charges.

She did not attend court today and solicitor Simon Nicholls entered not guilty pleas on her behalf.

District judge Peter Veits adjourned the case for a trial by magistrates at Norwich Magistrates Court on November 19.

  • UPDATE (19/11/13)

Emma Way was found guilty of failing to stop after an incident and failing to report an incident. She was acquitted of driving without due care and attention.

She was ordered to pay £667 in fines and costs and had seven penalty points put on her licence.

CTC's view: 

It is most likely the case that there wasn’t enough evidence to convict Ms Way of driving without due care and attention.

The maximum sentence for the crimes of which she was convicted is 6 months in prison, a discretionary driving ban, £5000 fine and 10 penalty points, so she clearly got off very lightly indeed.

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