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Woman facing life imprisonment for stopping on a highway to save ducklings

[Deleted User][Deleted User] Posts: 671
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A Canadian woman parked her car on a Montreal-area highway in 2010 to help a group of ducklings; almost four years to the day later, Emma Czornobaj was on Friday found guilty of causing the deaths of a motorcyclist and his passenger daughter who smashed into her car.

Czornobaj, who has no previous criminal record, faces a maximum sentence of life in prison for criminal negligence and 14 years in prison for dangerous driving.

Andre Roy, 50, who was traveling with his 16-year-old daughter, Jessie, on his Harley-Davidson, was driving an estimated 70 mph to 80 mph in a roughly 60 mph zone.

His wife was following behind them at a slower speed and avoided injury, and has said she doesn't blame Czornobaj for the deaths; her husband died in her arms, and her daughter, who was pinned beneath the Honda Civic, died later in a hospital.
http://www.usatoday.com/story/news/nation/2014/06/22/newser-woman-who-stopped-for-ducks/11235367/

Does anyone else find this story ridiculous? I certainly wouldn't want to run over poor little ducklings who got lost from their mother and strayed on to a highway. I don't think I'd be able to just leave them there either; I'd feel awful!

The man on the motorbike should have been more vigilant especially if he had his 16 year old daughter on the back and it has already been determined he was going over the limit. The wife managed to avoid a parked car by going at a reasonable speed....
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    [Deleted User][Deleted User] Posts: 671
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    Also I have tried to edit the title to include more details but I have run out of character space, before anyone comments.
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    Louise32Louise32 Posts: 6,784
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    I can understand her stopping to help the ducklings although it is a difficult one.

    You would want to help the ducklings but would need to bear in mine potential danger of stopping.

    Having said that the sentence does seem harsh, especially if he was speeding.
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    [Deleted User][Deleted User] Posts: 68,508
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    Criminal negligence carrying a life sentence sounds the wrong charge to me. Assuming it is the equivalent to manslaughter by negligence in the UK, it might be used for someone who drove a car through a playground and killed a child, not someone who parked in a dangerous position.
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    MustabusterMustabuster Posts: 5,976
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    You don't do emergency stops for animals and you certainly do not stop on a highway/motorway unless there is a very good reason to do so. She was in the wrong but the sentence was a bit harsh.
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    dekafdekaf Posts: 8,398
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    That's a sad story, and I do think her sentence was far too harsh.

    It doesn't say what happened to the duckling though. :(
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    The WulfrunianThe Wulfrunian Posts: 1,312
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    It's imbecilic beyond belief but I think her having to live with what she's done for the rest of her life is punishment enough
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    Bus Stop2012Bus Stop2012 Posts: 5,624
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    I've just been reading a bit more about it, and have had a quick look at the Canadian
    criminal & driving offences and definitions.
    Seems she stopped in the left hand lane, which is the overtaking lane of course. Would have been ok if in the other lane.

    Apparently Canada hasn't got a 'death by dangerous' - just 'injury by dangerous', so deaths go into criminal negligence by default.

    The life sentence is the maximum. No doubt her sentence will be nearer the other end of the scale.

    ETA. I'm confused now, as I couldn't see death by dangerous in their list of offences, but this link says that there were 2 counts of D by D and 2 counts of criminal negligence.

    http://globalnews.ca/news/1399756/duckling-motorcycle-deaths-trial-victims-family-speaks-out/
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    stvn758stvn758 Posts: 19,656
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    What type of road was it, we have a hard shoulder here. Speeding on a Harley with his daughter on the back, both responsible for the tragedy. Just checked The Daily Mail report and it looks like she stopped on the left side lane which would be the fast lane here, there is a hard shoulder in the picture. That is madness.

    http://www.dailymail.co.uk/news/article-2663995/Canada-woman-stops-ducks-guilty-2-deaths.html
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    abarthmanabarthman Posts: 8,501
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    She stopped her car in the left lane with no hazard lights. That's the overtaking lane.

    Utter stupidity and she deserves a harsh punishment, but a life sentence seems excessive.
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    [Deleted User][Deleted User] Posts: 4,910
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    You can't just stop on a motorway! No matter how much you may wish to help ducklings you can't just stop!!!

    The motorcyclist shouldn't have been speeding either.

    Sounds like both were stupid. He paid for it with his life, her by getting a criminal record and losing her freedom. The daughter had no blame in it but lost her life too.
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    TerraCanisTerraCanis Posts: 14,099
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    Woman facing life imprisonment for stopping on a highway to save ducklings.

    Woman facing life imprisonment for causing fatal highway accident.

    The second title is the shorter of the two, so should fut in the space just fine.

    That being said, life imprisonment seems excessive for accidentally causing death, but that's the maximum sentence rather than a guaranteed outcome.
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    spkxspkx Posts: 14,870
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    Seems to be it'd be a good idea to wait until she's actually sentenced before deciding whether or not to comment.
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    [Deleted User][Deleted User] Posts: 36,630
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    She stopped in the equivalent of our fast/overtaking lane on a major highway.

    It was entirely right that she faced serious charges, it was an incredibly stupid place to stop and downright dangerous, leading to the two deaths.

    Life imprisonment, if that's what she gets, does seem a tad harsh though.
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    DaisyBumblerootDaisyBumbleroot Posts: 24,763
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    abarthman wrote: »
    She stopped her car in the left lane with no hazard lights. That's the overtaking lane.

    Utter stupidity and she deserves a harsh punishment, but a life sentence seems excessive.

    Agreed.

    A few years for sure, but life seems ridiculous, especially as the motorcyclist contributed to his own and his daughters deaths by speeding so much
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    2+2=52+2=5 Posts: 24,264
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    http://www.usatoday.com/story/news/nation/2014/06/22/newser-woman-who-stopped-for-ducks/11235367/

    Does anyone else find this story ridiculous? I certainly wouldn't want to run over poor little ducklings who got lost from their mother and strayed on to a highway. I don't think I'd be able to just leave them there either; I'd feel awful!

    The man on the motorbike should have been more vigilant especially if he had his 16 year old daughter on the back and it has already been determined he was going over the limit. The wife managed to avoid a parked car by going at a reasonable speed....

    Huh? You're actually blaming the motorcyclist?? You don't stop in the middle of a motorway - ever. Even when parking up in the shoulder there's information about ensuring you're as far away from the main lanes as possible. What she did was imbecilic. She and she alone caused the deaths. If she doesn't do it, they don't die. Cause and effect. A speeding ticket compared to causing death. I don't condone the speeding but I don't think that's as relevant as parking up in the middle of a motorway. The animals are effectively irrelevant to the situation. IMHO.
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    [Deleted User][Deleted User] Posts: 6,279
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    2+2=5 wrote: »
    Huh? You're actually blaming the motorcyclist?? You don't stop in the middle of a motorway - ever. Even when parking up in the shoulder there's information about ensuring you're as far away from the main lanes as possible. What she did was imbecilic. She and she alone caused the deaths. If she doesn't do it, they don't die. Cause and effect. A speeding ticket compared to causing death. I don't condone the speeding but I don't think that's as relevant as parking up in the middle of a motorway. The animals are effectively irrelevant to the situation. IMHO.
    Just because someone is parked where they shouldn't be, doesn't give you an excuse to go crashing into them. I'm not saying the woman shouldn't take any blame, but I've driven in Canada and I can definitely say you're not excused there from looking where you're going.
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    DaisyBumblerootDaisyBumbleroot Posts: 24,763
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    2+2=5 wrote: »
    Huh? You're actually blaming the motorcyclist?? You don't stop in the middle of a motorway - ever. Even when parking up in the shoulder there's information about ensuring you're as far away from the main lanes as possible. What she did was imbecilic. She and she alone caused the deaths. If she doesn't do it, they don't die. Cause and effect. A speeding ticket compared to causing death. I don't condone the speeding but I don't think that's as relevant as parking up in the middle of a motorway. The animals are effectively irrelevant to the situation. IMHO.

    She did a ridiculously stupid thing, but the motorcyclist was speeding, his wife behind him was going slower and was able to not hit the car.
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    2+2=52+2=5 Posts: 24,264
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    Rowdy wrote: »
    Just because someone is parked where they shouldn't be, doesn't give you an excuse to go crashing into them. I'm not saying the woman shouldn't take any blame, but I've driven in Canada and I can definitely say you're not excused there from looking where you're going.


    "doesn't give you an excuse to go crashing into them".

    I'm kinda stunned by this. The motorcyclist didn't go out of his way to crash. His wife's motorcycle also hit the car but thankfully she survived. I don't think the driver even had the hazard lights on.

    'Czornobaj testified in her own defense. She said if the same thing were to happen today “I would not have stopped.”'

    I think that speaks for itself.

    Now I hope she doesn't go for life, it doesn't seem right. I'm not entirely sure what the sentence should be. Seems a terrible situation for all parties. She's remorseful that's clear. The wife seems to want it all to be over and laid to rest, harbouring no ill will on the driver.
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    [Deleted User][Deleted User] Posts: 4,910
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    I don't think she deserves life and i doubt she will get life. Life is the maximum you could get for the offence she has committed but they don't suggest its mandatory or a given. Showing remorse will help her out when it comes to how the judge decides to sentence her.
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    2+2=52+2=5 Posts: 24,264
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    She did a ridiculously stupid thing, but the motorcyclist was speeding, his wife behind him was going slower and was able to not hit the car.

    If the cyclist was speeding then he broke the law - okay. She broke the law as well by stopping in the middle of a busy motorway on the actual road, with a door open and not having the hazard lights on.

    There's no situation where I'd place the life of an animal over the life of a human. We're of the same race for pete's sake. Surely that counts for something??
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    [Deleted User][Deleted User] Posts: 478
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    2+2=5 wrote: »
    Huh? You're actually blaming the motorcyclist?? You don't stop in the middle of a motorway - ever. Even when parking up in the shoulder there's information about ensuring you're as far away from the main lanes as possible. What she did was imbecilic. She and she alone caused the deaths. If she doesn't do it, they don't die. Cause and effect. A speeding ticket compared to causing death. I don't condone the speeding but I don't think that's as relevant as parking up in the middle of a motorway. The animals are effectively irrelevant to the situation. IMHO.

    So if a moose wanders on to the highway and stops in the fast lane, as i believe they are prone to do, i guess you've got plough straight in to it? Extreme example i know. Stopping distances are there for a reason.
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    [Deleted User][Deleted User] Posts: 6,279
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    2+2=5 wrote: »
    "doesn't give you an excuse to go crashing into them".

    I'm kinda stunned by this. The motorcyclist didn't go out of his way to crash. His wife's motorcycle also hit the car but thankfully she survived. I don't think the driver even had the hazard lights on.
    Look. The biker was at the controls of his bike. The bike doesn't have a mind of its own; it does what the rider makes it do. There was a stationary object in front of him. It shouldn't have been there, but it was there. He crashed into it.
    'Czornobaj testified in her own defense. She said if the same thing were to happen today “I would not have stopped.”'

    I think that speaks for itself.

    Now I hope she doesn't go for life, it doesn't seem right. I'm not entirely sure what the sentence should be. Seems a terrible situation for all parties. She's remorseful that's clear. The wife seems to want it all to be over and laid to rest, harbouring no ill will on the driver.
    Sure it does. She feels guilty, and so she should. But it still doesn't excuse the biker RIP. He had 3 choices:

    1. He could have swerved round the car.
    2. He could have stopped.
    3. He could have crashed into it.

    Now, which of those do you think is the worst option?
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    2+2=52+2=5 Posts: 24,264
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    So if a moose wanders on to the highway and stops in the fast lane, as i believe they are prone to do, i guess you've got plough straight in to it? Extreme example i know. Stopping distances are there for a reason.

    You can't legislate for the action of a moose or other animal. If you're driving on a motorway, you ought to know the laws that govern it. And stopping in the driving lane is a hugely wrong thing to do.

    I've read the ducks weren't even on the motorway itself but off it. Doesn't that make it even worse? Look I'm not discounting he may have been speeding (but I haven't seen a news article that states that as fact - could you help please as I may have missed it?), but if the car wasn't stopped in the lane then he and his daughter wouldn't be dead now. Why didn't she put on the hazard lights? I mean....any time I'm on the motorway I know I need to have my wits about me at all times. It's not a time to relax or lose concentration. That doesn't absolve the man of guilt if he was speeding but the point is what she did caused this.
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    2+2=52+2=5 Posts: 24,264
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    Rowdy wrote: »
    Look. The biker was at the controls of his bike. The bike doesn't have a mind of its own; it does what the rider makes it do. There was a stationary object in front of him. It shouldn't have been there, but it was there. He crashed into it.
    Sure it does. She feels guilty, and so she should. But it still doesn't excuse the biker RIP. He had 3 choices:

    1. He could have swerved round the car.
    2. He could have stopped.
    3. He could have crashed into it.

    Now, which of those do you think is the worst option?

    Okay I found it now. So he was "speeding 10-20 miles over the speed". Okay fine that was wrong and I can accept that may have contributed to this. Even her defence team said that they were "partly responsible" for their own deaths. I can understand that argument. I just consider her actions to have contributed more to their deaths and to be more dangerous.

    If lessons are to be learned here. Don't park in the middle of the motorway and don't speed.
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    finbaarfinbaar Posts: 4,818
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    But what happened to the lovely fluffy ducklings? I do hope they didn't come to any harm.
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