Man admits causing crash but denies dangerous driving
Adriver who was allegedly observed undertaking cars on the inside lane and orange lines, and then causing a collision by turning into oncoming traffic while passing another vehicle, continues to deny engaging in dangerous driving behaviour.
Whangaruru man John Reti was charged with two charges of dangerous driving causing injury which went to a judge-alone trial this week at the Whangārei District Court before Judge Greg Davis.
Police prosecutor, Chris Gooddall said the 54-year-old’s driving beforehand was key to the evidence that Reti caused the crash at the notorious crash site at the intersection of Russell Road and SH1, 22km north of Whangārei.
It is Reti’s defence that although he caused the crash, it was not dangerous driving.
On the afternoon of August 1, 2022, Anthony and Karen Smith drove north on SH1 heading home after working in Whangārei for the day.
The weather was fine with good visibility and steady traffic on the road.
Anthony Smith gave evidence that as he drove north on the Hikurangi bypass, he sped up to around 105km/ h to overtake a truck but as he indicated left to pull back into the lane, a grey BMW undertook him from the inside lane.
Smith estimated he was going around 120km/h and when he saw the car again around one minute later, he was overtaking another car on a yellow line about 100m before a passing lane.
“I thought, why couldn’t he wait until the passing lane,” Smith said in evidence.
The next time he saw Reti was as he approached the Russell Road intersection at Whakapara, Reti was behind a car towing a trailer waiting to turn right.
Reti pulled out to the left in front of Smith, forcing him off the road and attempted to overtake the car and trailer to turn into Russell Road.
Smith said he saw a car heading south and immediately thought: “There’s no way he’s going to make it.”
He looked in his rearview mirror and saw the white southbound car hit the left side of the BMW head-on, obliterating the entire front.
Smith turned back to assist and said both drivers were in a state of shock. Karen Smith said the grey BMW was in the middle of the road and that Reti had “turned right into oncoming traffic”.
When the victim and driver, Clinton Smeath, gave evidence he said he was heading South on SH1 with his young son before the grey car appeared out of nowhere.
“I saw one car turning right to go to Russell Road and I slowed down and was watching that car because there was a gap, it was stationary. I did not see the grey BMW until a split second,” Smeath said.
When photos were presented to him of the car crash, he became visibly distressed and had to take a break.
Smeath suffered a fractured sternum and major bruising and his young son also had a laceration and bruising from the seatbelt.
Reti’s lawyer Jerry Skinner said Smith was “hot under the collar” as Reti was parked at the intersection when Smith came up behind flashing his lights and beeping his horn at him.
“Nothing like that happened,” Smith said.
When Reti took the stand he claimed that as Smith came up behind him honking and flashing his lights, he gave him the finger and then lost focus of where he was.
“I pulled into the lane and as he came past me, I gave him the finger salute and looked him in the eye.
“I looked across the road and forgot where I was and I crashed into another car,” Reti said in evidence.
Reti acknowledged that he undertook the cars previously on the Hikurangi straights but denied passing anyone on a yellow line.
“You went around the front of that vehicle and trailer and tried to go into Russell Road,” Sergeant Gooddall said.
“No I didn’t,” Reti responded. “That manoeuvre is what caused the crash.”
“No, it isn’t,” Reti said again. “You have to accept, if you were doing all the things prosecution have said you were doing - going too fast, overtaking on the left, overtaking on the flats, then carrying out a stunt like that - that would be very risky driving wouldn’t it?” Gooddall asked.
“If I had been going like that absolutely but that was not the case,” Reti said.
Judge Davis debated with Skinner about the difference between careless and dangerous driving.
“Would a person who for whatever reason has lost track of where they were, simply pull out into the road potentially into the path of oncoming traffic?” Judge Davis asked.
“Probably not, but as I say, that meets the standard of carelessness not dangerous,” Skinner responded.
“Careless is I look left, I look right, I didn’t see anything but ‘bye crikey there’s a car I just didn’t see’ as opposed to ‘I didn’t bother looking’ that’s the subtle difference,” Judge Davis said.
Reti was found guilty on both charges.