London, ON – The driver involved in a crash that left a teenage cyclist with serious injuries has lost their appeal against their conviction. The decision was made by the Ontario Court of Appeal on Tuesday.
The incident occurred in London in 2017, when the driver, identified as 27-year-old Brandon Smeltzer, struck a 16-year-old cyclist while making a left turn. The cyclist, who was not wearing a helmet, suffered a traumatic brain injury and multiple fractures.
Smeltzer was initially charged with dangerous driving causing bodily harm, but was convicted of the lesser charge of careless driving. He was sentenced to a $1,000 fine and a one-year driving ban.
In his appeal, Smeltzer argued that the trial judge had made errors in assessing the evidence and that the sentence was too harsh. However, the three-judge panel unanimously dismissed his appeal, stating that the trial judge had properly considered all the evidence and that the sentence was within the appropriate range.
The victim, now 20 years old, continues to suffer from the effects of the crash and was unable to attend the appeal hearing due to ongoing medical treatment. In a statement read by her mother, she expressed her disappointment with the outcome of the appeal and her hope that drivers will be more cautious on the roads.
The decision of the Ontario Court of Appeal serves as a reminder of the importance of safe driving and the consequences of careless actions. It also highlights the need for drivers to be aware of vulnerable road users, such as cyclists, and to take extra precautions when sharing the road with them.
The victim’s family and the London community have been advocating for stricter penalties for drivers who cause harm to cyclists and pedestrians. They hope that this case will bring attention to the issue and lead to changes in legislation to better protect vulnerable road users.
As for Smeltzer, he will have to pay the fine and serve the driving ban as originally ordered. The victim and her family continue to focus on her recovery and hope that this incident will serve as a cautionary tale for others.
