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Non-custodial for killing cyclist whilst using phone at the wheel

"...given a 12-month community order with 300 hours of unpaid work and a four-month night-time curfew.

He was also banned from driving for 12 months and ordered to pass an extended driving test before returning to the road."

And that's it. For killing a cyclist.

The motorist was on his phone via a Bluetooth earpiece at the time. The judge said there was no evidence that this was the reason he did not see the cyclist, who had lights and was wearing light coloured clothes.

1) why does the reason why a motorist does not see even matter?

2) high time the conceit that allows mobile phones to be used "handsfree" is exposed as a fraud. The distraction is little to do with the physical handling of the phone, and much to do with the attention it distracts from the road. Numerous studies show that attendance to driving is compromised when holding a phone conversation with external parties. Exactly as here.

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