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Board index » 6 DEMERIT POINTS » Exceeding the speed limit by 50 km/h or more

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confused by charge and resulting action

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Tragic_Inc

Posted: Wed Sep 16, 2009 11:16 pm

Joined: Wed Sep 16, 2009 10:44 pm
Posts: 1

Good day, first timer here.
Coles notes version of events. Friend and I were paced at 160km/h in a 90km/hr zone. Both of us were charged only with speeding s.128 although both of us had our vehicles seized and licenses suspended roadside. From what I've read roadside seizure and license suspension is not a valid action when charged under s.128. I beleive we should have received 2 tickets s.128 and s.172? Does this get messy since my Charter of rights were violated with the wrong charge being laid for the penalty inflicted upon me since I didn't get my day in court before having my license and vehicle seized?
Appreciate anything. Thanks,

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racer

Posted: Fri Sep 18, 2009 9:14 pm

Joined: Wed Nov 14, 2007 8:27 pm
Posts: 960
Location: Guelph, Ontario

You are absolutely right, fight it! Section 128 does not provide for vehicle seizure and impounding, S.172 does.

_________________
"The more laws, the less justice" - Marcus Tullius Cicero
"The hardest thing to explain is the obvious"

www.OHTA.ca & www.OntarioHighwayTrafficAct.com

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zoomsay

Posted: Mon Sep 21, 2009 1:45 pm

Joined: Thu Aug 27, 2009 11:01 pm
Posts: 3

Hire a paralegal and fight the charge, get your money back for the illegal seizure and suspension of your license.

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Radar Identified

Posted: Tue Sep 22, 2009 1:54 am

Joined: Mon Sep 08, 2008 8:26 pm
Posts: 2392
Location: Toronto

Definitely. S. 128 has NO provision for seizure/impoundment. In fact, some officers are using s. 128 instead of s. 172 specifically to let the motorist drive home but face consequences later (which is how it should be), innocent until proven guilty, plus the alleged act has been stopped... but anyway... yeah definitely get a paralegal involved, if not a lawyer.

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racer

Posted: Wed Sep 23, 2009 12:00 am

Joined: Wed Nov 14, 2007 8:27 pm
Posts: 960
Location: Guelph, Ontario

Charging someone with an offense and taking away a vehicle like that can be construed as "theft". There are no legal grounds for the vehicle to be taken away. Roadside robbery would seem more fitting.

_________________
"The more laws, the less justice" - Marcus Tullius Cicero
"The hardest thing to explain is the obvious"

www.OHTA.ca & www.OntarioHighwayTrafficAct.com

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Traffic Law

Posted: Tue Sep 29, 2009 10:32 am

Joined: Thu Sep 25, 2008 5:28 pm
Posts: 162
Location: Mississauga

You are absolutely right s. 128 does not provide for seizure of the vehicle. The question is: What is the remedy?. You certainly have civil claim for incurred costs and seizure of your car but Charter motion may not be of much help in POA court. You have a tough mountain to climb.

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Board index » 6 DEMERIT POINTS » Exceeding the speed limit by 50 km/h or more

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