Updates

Check out our CP 24 interview by clicking on the link below:

www.cp24.com/servlet/an/local/CTVNews/20090217/090217_bowles/20090217/


May 16, 2011

Thank you to our Ontario Provincial Police and police around Canada for spreading the word and the message from Families Fighting Careless Driving.  This week is  Road Safety Week.  Lets remember all the people who have died because of the terrible crime of careless driving causing death.  The OPP is working on everyone's behalf this week to crack down on these terrible drivers.  THANK YOU.

TORONTO STAR

Is a person's life worth $500? Highway Traffic Act says yes

May 18, 2011 
Bob Mitchell 
Staff Reporter 

For $500, you can buy a pretty nice 32-inch flat screen television.

It’s also the price you’ll pay for killing a pedestrian in Ontario if you’re charged with failing to yield under the Highway Traffic Act.

You won’t go to jail. You won’t even lose your driving licence.

“It blows my mind,” said Corry Kuipers, whose sister Tina, 65, was killed on April 13, 2010 when she was run over by a truck as she tried to cross Queen St. in Brampton. The driver of the truck pleaded guilty to failing to yield and was fined just $500.

“A person can get charged with drinking and driving and lose their licence on the spot . . . My brothers and I were shocked when we found out what the penalty was going to be for killing Tina. 

“I’m sure everybody would be just as shocked as we were. Surely, somebody who takes another person’s life has to at least lose their driving privileges for a little while. The government needs to change the laws.”

Daryl Bowles of Hamilton has tried to do just that. The person who killed his father, Donald, received a four-month jail sentence for careless driving. Following his father’s death in November 2008, Bowles created a website, familiesfightingcarelessdriving.com. More than 2,000 people have signed a petition on the site calling for mandatory jail sentences, loss of driving privileges and higher fines for people convicted of careless driving where deaths occur. 

For the low end of the offence — where inattentiveness or a momentary lapse in judgment leads to the lesser offence of fail to yield — the group wants a jail sentence of up to six months, a five-year mandatory licence suspension and a $5,000 fine.

“I’m not saying somebody who turns away for a quick moment should be treated the same way as somebody who drives maliciously and recklessly,” Bowles said. “But they still must be held responsible for the way they drive.” 

In Kuipers’ death, Obarasiagbon Umanmwen, 39, of Brampton was fined $500 last Thursday after his paralegal, Mark Reynolds, entered a plea of failing to yield on his behalf. The truck driver didn’t have to appear in court. Reynolds told the court his client will forever be troubled by his actions and would also pay a $500 charitable donation.

The following day, Alsea Wilson, 32, of Toronto, was also fined $500 after she pleaded to failing to yield to a pedestrian. Her BMW struck Diana Rowdon, 88, of Mississauga on Oct. 2, 2010. Rowdon died in hospital from a brain injury the next day. 

In both deadly traffic mishaps, the drivers were looking left — making sure there was no oncoming traffic — when they turned right and tragically ended the lives of two complete strangers.

Rowdon was a widow with no children but longtime friend Diana Khoury forgave Wilson for what happen and thought her penalty was enough.

“It was an accident,” she said outside court last Friday. “I have a daughter 32. It can happen to anybody.”

Wilson’s lawyer Sonia Campbell told the court this was one of those tragic cases where “sometimes accidents just happen” and “this was one of them with the worst consequence” which her client must live with for the rest of her life.

Campbell said Wilson understands the $500 fine in no way was meant to equal the loss of Rowdon’s life. “Very little can be done to compensate for the loss,” Campbell said.

Had Wilson and Umanmwen been drinking or speeding or darting in an out of traffic before striking their victims, they would have been charged criminally, likely with dangerous driving causing death or criminal negligence causing death. If convicted, they would have likely spent some time behind bars and lost their driving privileges for many months and possibly years. 

But by all accounts, Wilson and Umanmwen are decent, hard-working people. Neither booze nor speed contributed to what they did. Both immediately stopped their vehicles, got out and phoned 911. 

Crash investigators such as Peel Cst. Ken Wright understand the frustration of the victim’s families, who have difficulty understanding why criminal charges aren’t always laid and how little the offender ends up paying for their loved one’s life.

“We investigate the circumstances of a crash and charge people based on the facts rather than the consequences,” Wright said. “Though killing somebody is very sad and tragic, the facts (in Kuipers’ and Rowdon’s) cases didn’t support that the driver’s actions were a marked departure from the standard care from a reasonable and prudent driver, which you need for a criminal charge to be laid.”

For its part, Ontario's transportation ministry has no plans to increase penalties for HTA convictions involving death, ministry spokesperson Bob Nichols said, pointing out that, in 2006, the Liberal government did increase fines and sanctions for drivers who don't obey pedestrian crossing rules to a range of $150 to $500, up from $60 to $500.

And charges or fines aren’t the only consequences for drivers who accidentally hit pedestrians.

In most accident cases, families can and do file lawsuits against the driver and their insurance company. The drivers also receive demerit points, which makes getting car insurance much more costly, if they can get insured at all. 

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"DARLENE WACHZNUIK SENTENCED TO 4 MONTHS IN JAIL FOR CARELESS DRIVING CONVICTION THAT RESULTED IN DEATH OF DONALD BOWLES"

Cocaine addict gets four months for death of man

Darlene Wachznuik sped through stop sign on reckless spree before collision with Donald Bowles

February 06, 2010
Barbara Brown
The Hamilton Spectator
(Feb 6, 2010)

A careless driver who smashed her camper van into the side of another vehicle, instantly killing a retired Stelco employee, was sentenced this week to four months in jail.

Darlene Wachznuik, 53, also had her driver's licence suspended for two years by justice of the peace Lillian Ross.

The trial heard Wachznuik had been driving recklessly for a number of blocks when she caused the fatal collision on Garth Street at the Lincoln Alexander Parkway at 8 a.m. on March 1, 2008.

One witness testified she had to hit her brakes hard a short time before when Wachznuik blew through a stop sign on nearby Galt Street and shot out into northbound traffic. The off-duty emergency-room doctor said the van fishtailed and hit the median before continuing to speed north toward the parkway.

A background report prepared for the sentence hearing stated that Wachznuik was an admitted cocaine addict who formerly ran a successful escort service that employed two of her daughters.

Defence lawyer Kim Edward urged a 90-day jail sentence to be served on weekends, along with the driving suspension.

Assistant Crown attorney Warren Milko pressed for a sentence closer to the maximum term of six months in jail.

Milko said Wachznuik had a poor driving record and her driving on this morning had been "intentional and wilful."

He said she continued to speed on Garth Street after almost hitting the earlier vehicle and leaving the road. She then ran a red light and collided with the Honda SUV being driven by Donald Bowles, 65, as he proceeded through the intersection on a green light.

Daryl Bowles, the son of the deceased, said his father was the kind of person who would do anything for his children. His dad died that morning returning to Daryl's home after having taken his vehicle to fill his son's tank with gas.

The son began an online petition called Families Fighting Careless Driving that advocates for tougher sentencing provisions for careless drivers.

"I would have to say that I'm pleased with the sentence, considering that under the current law, the most she could receive is six months. So, to me, four months is very sufficient."

Bowles, who is married with two children, said he intends to stay involved with the organization he founded, but said the time has come to look forward and not back.

"I would say you never heal from something like this, you just learn how to go on with your normal routine," he said.

bbrown@thespec.com

905 526-3494
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DARLENE WACHZNUIK OF HAMILTON, FOUND GUILTY IN DEATH OF DONALD BOWLES

Barbara Brown
The Hamilton Spectator
(Nov 4, 2009)

A Hamilton prosecutor says he will seek a jail term for a 53-year-old woman when she returns to provincial offences court in January to be sentenced for careless driving.

Darlene Wachznuik was found guilty under the Highway Traffic Act of causing a fatal collision on Garth Street at the Lincoln Alexander Parkway at 8 a.m. on March 4, 2008. Donald Bowles, 65, a retired Stelco steelworker, was killed instantly when a Ford RV camper van driven by Wachznuik ran a red light and smashed into his Honda SUV.

Justice of the peace Lillian Ross heard from a witness at trial about Wachznuik's reckless driving that morning. The driver testified she had to brake hard to avoid hitting Wachznuik's camper van after it ran a stop sign on Galt Street and shot out into northbound traffic on Garth. She said the van hit the centre median and fishtailed before swerving back into the lane and speeding north.

As the witness entered the westbound ramp to the expressway, she heard a loud crash and looked around to see the van had smashed into an SUV.

Detective Constable Jeffrey Majik, an accident reconstruction expert with Hamilton police, estimated Wachznuik was travelling at least 70 km/h in the 50 km/h zone when she struck Bowles's vehicle.

Ross found Wachnuik drove her vehicle without consideration for other drivers on the road by disobeying a stop sign, driving over the posted speed limit and failing to stop for a red light.

Donald Bowles had taken his son's Honda that morning to fill his tank with gas and was returning to his son's home when he was killed. He had just exited the expressway and was making a left turn on a green light to proceed south on Garth Street when his vehicle was struck.

Darryl Bowles said this act of generosity was typical of his dad, who always put his two children, Darryl and daughter, Maureen Vanravens, and four grandchildren, ahead of himself.

His father had been retired from Hilton Works for about five years and was beginning to take seriously his son's advice that he should travel more and take up activities for his own enjoyment.

"He would say, 'Son, as long as you guys are happy, that's all I care about,'" recalled Darryl Bowles.


Updated Oct 5, 2009

On Nov 18,  will be the 2nd annual National Day of Rememberance for Road Crash Victims.  The official cermony will be taking place in Ottawa.  Please see www.rememberroadcrashvictims.ca

Updated Aug 15, 2009

On July 1,  3 families came together and sat down for a CBC interview on speeding.  The interview aired at 6pm on the CBC.  The Barna Family, McGregor Family and Bowles Family participated.  After the CBC interview the families participating brainstormed on our next steps.  To start, all of us will be getting in touch directly with Kate Doorly, who works  for the Attorney General at Queens Park to determine where we are at with our recommendations.  With many government officials returning to work in September, we will be starting our next steps in the process, which will be communicated very soon.

Updated June 10, 2009

Below are links to pictures taken at the charter signing of the Strategic Driving Road Safety Program in Hamilton on May 13, 2009.  A representative from Families Fighting Careless Driving held the charter as officials from various groups signed it, including the Chief of Police Brian Mullan. Media groups in Hamilton including TV, radio and newspapers covered the event.  Below, is also an excerpt from the Hamilton Specator article.

Twenty body bags laid out neatly in a parking lot were hard not to notice.

Each bag represents one of the people who has died or will die on Hamilton roads any average year.

There's no display of bandages, surgical supplies or wheelchairs to represent the 100-plus citizens who will be seriously injured in road collisions in that same average year.

The cost is too much, Hamilton roads boss Hart Solomon told officials gathered yesterday at Bayfront Park to sign a strategic road safety charter to lower those numbers at least 10 per cent and perhaps halt a disturbing increase.

The safety program starts immediately, with all agencies, from police, to education, fire, public health and the Ministry of Transportation, targeting three key problem areas.

Identified for prime attention are aggressive driving, intersections and vulnerable road users. Solomon explained vulnerable users means pedestrians, cyclists and motorcyclists because they get the worst of it in a collision.

Darryl Bowles, who created the Families Fighting Careless Driving website to help others cope with this kind of tragic loss and work toward change of the laws for careless driving, assisted with the signing, holding a clipboard with the document on the hood of a smashed minivan hauled into Bayfront Park on a tow truck.

Police Chief Brian Mullan said the numbers of dead and injured in Hamilton each year is "unacceptable" and said all partners to the program charter are committed "to taking even more aggressive action on this important issue."

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Updated May 12, 2009

On May 13, The Hamilton Police Association will be signing a charter for a Strategic Driving Road Safety Program in an attempt to make roads safer.  Officials from various groups will be signing the charter.  Families Fighting Careless Driving will also be introduced.  Media groups will be covering the event and conducting interviews afterwards.  Pictures of the event will be posted soon. 

Updated May 8, 2009

Please know we also have many manual handwritten petition signatures that are not included in our on line numbers.  Also, please see below for updated media coverage.  Our organization has links to all TV media coverage we have received.  Anyone interested in watching these interviews, please email us and we will be happy to forward you the interview.

Our meeting with the Ontario Provincial Police on April 17 was excellent.  They are very supportive of our cause and organization. They will continue to help us get out our message and be a valuable resource.  They have offered tremendous feedback and support since we started our group. Our meeting was over 1 hour and during this time we also met with the wife of an OPP officer who was tragically killed by a careless driver a couple of years ago.  She was very informative and helpful and has succeeded in driving campaigns before.  She has worked in our government for many years and has numerous contacts with the Ministry of Transportation.  Due to her experience and knowledge with having driving laws changed, she offerred many suggesstions for us and will attempt to arrnage a meeting with the Minister of Transportation.   


Updated April 3, 2009

On March 30, 2009, our group received a letter from the Minister of Transportation. A 2nd follow up letter will be sent.

We have recently spoken to the Premier's office again regarding a potential meeting.  They are in receipt of our 2nd letter but have not approved a meeting as of yet.  Our group is confident this will happen.

On April 17, 2009, we have a 2nd meeting with OPP officials.

Message from Darryl Bowles - Families Fighting Careless Driving

On behalf of all families around Canada I  want to thank everyone again for their support.   We are becoming recognized throughout Ontario and other parts of Canada.  We have all been through a terrible tragedy but as a united group I know we will accomplish our goal.  Once this is accomplished we will know our loved ones were not killed in vain. Through my various meetings with numerous officials I  am very confident we will see changes. We have made a lot of progress in 4 months.  On behalf of all families thank you.

On Feb 26, we had a meeting with a top OPP official.  We exchanged ideas back and forth and plan on meeting again in the near future.

On  Feb 19, we had a meeting with the Attorney General's office at Queen's Park in Toronto.  Attending the meeting was Hamilton MPP Sophia Aggelonitis and a Senior Advisor to the Attorney General.  We met for approximately 1 hour and presented all law changes we are proposing.  They will review these with the Attorney General himself and will be in touch.  I made it very clear in the meeting that we are not going to back down and expect action.  We will not sit and wait, we are a strong force of many families that demand these changes be made.  In 2 weeks, I will follow up with the Attorney General's office again to get their plan of action and we will also follow up with the Premiers's office.  In 2 months, we have another meeting tentatively scheduled in Queen's Park with the actual Attorney General.  He was scheduled to meet with us during this 1st meeting but decided last minute not to. Once again I made it very clear to his Advisor we will not wait or go away, we want responses quickly.   

On Feb 4 we had a meeting with the Hamilton MPP Sophia Aggelonitis in regards to our group.

The Ontario Premier Dalton McGuinty has responded back to our original letter.  Please see below, for a link to the letter   We have also received letters from the Alberta and Quebec Premier. 

A 2nd letter was mailed to Dalton McGuinty on Jan 20(see below) as many of our concerns were not addressed.  On Feb 3 we spoke to the office of Dalton McGuinty and they have received our 2nd letter, we are now just waiting for a response from the Premier.

** Recent Media coverage for Families Fighting Careless Driving**

CBC - July 1, 2009

Hamilton Spectator - May 13, 2009

Talk 820 Hamilton - Interview with Robin Foley - May 12, 2009

Hamilton Cable 14 interview - May 12, 2009 

Georgetown Independent Free Press - April 17, 2009 - Thanks to Kimberely Hardcastle for mentioning our group and website (her story can be seen on the family tragedy page)

Brampton Guardian - April 17, 2009

CH News Hamilton - March 1, 2009

CP 24 Toronto  - Feb 17, 2009

Bill Kelly Show CHML Hamilton - Feb 8, 2009

CBC news Toronto - Feb 4, 2009

Peterborough Examiner - Feb 4, 2009 - Thanks to the family of Tony Falzetta for mentioning our group and website(their story can be seen on the family tragedy page)

Driver Magazine Toronto - March 2009 issue - "Careless Driving kills more than the victim"

Toronto news radio 680 - Dec 31, 2008

Guelph Mercury -  Dec 10, 2008  - Thanks to the family of Ed Brady for bringing our group and website to the attention of this paper (their story can be seen on the family tragedy page) 

Guelph Mercury - Dec 11, 2008

Hamilton Spectator - Nov 18, 2008

Klite fm radio show Hamilton - Nov 18, 2008

Bill Kelly Show CHML - Nov 17, 2008

CH news and CH morning live Hamilton - week of Nov 10, 2008

COPY OF LETTER FROM ONTARIO PREMIER, DALTON MCGUINTY: virtualimage.clienteditor.com/temporary_uploads/33608/govt ontario letter.pdf

COPY OF FOLLOW UP LETTER SENT TO DALTON MCGUINTY ON JAN 20.
virtualimage.clienteditor.com/temporary_uploads/33608/new letter.1.doc

Where do we go from here:

We need more signatures on our petition so please continue to spread the word. 
More letters will be sent to our government until we are heard.
A rally will be held in the near future in the Toronto area close to the Ontario Premier's office