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

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Re: 168 in 80 on Hwy 118 Muskoka: Paralegal/Lawyer Refereral

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screeech

Posted: Wed Nov 18, 2015 10:43 am

Joined: Tue Sep 15, 2015 10:20 am
Posts: 324

Regulation 455/07 states:
Definition, “stunt”
3. For the purposes of section 172 of the Act, “stunt” includes any activity where one or more persons engage in any of the following driving behaviours: 7. Driving a motor vehicle at a rate of speed that is 50 kilometres per hour or more over the speed limit.
There are many ways inwhich a stunt can be done. This charge has been challenged in court many times and it stands. Yes, there is case law to support the stunting legislation.

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Re: 168 in 80 on Hwy 118 Muskoka: Paralegal/Lawyer Refereral

jsherk

Posted: Wed Nov 18, 2015 11:57 am

Joined: Thu Jul 26, 2012 1:18 pm
Posts: 1722

Okay that is good information. The full regulation is here:
http://www.ontario.ca/laws/regulation/070455

And it also defines "race and contest" which would be:

Definition, “race” and “contest”
2. (1) For the purposes of section 172 of the Act, “race” and “contest” include any activity where one or more persons engage in any of the following driving behaviours:
3. Driving a motor vehicle without due care and attention, without reasonable consideration for other persons using the highway or in a manner that may endanger any person by,
i. driving a motor vehicle at a rate of speed that is a marked departure from the lawful rate of speed,

So then it is as I thought it might be... if the prosecution can prove the speed, then the race/contest and stunt part is also proven based on this regulation.

_________________
+++ This is not legal advice, only my opinion +++

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Re: 168 in 80 on Hwy 118 Muskoka: Paralegal/Lawyer Refereral

UnknownStuntMan

Posted: Wed Jan 20, 2016 2:10 am

Joined: Tue Nov 10, 2015 11:04 pm
Posts: 6

jsherk wrote:

Yes, most likely there will be no plea deal and prosecutor will seek the maximum sentence/fine.

At set date, JP recommended 60 Day Lic Susp. and $3000 fine if plead guilty. (Its my first stunt offence, so not sure why its not just 30 according to the HTA)
If go to trial, JP says 90 Day Lic Susp. and $4000.
Next step is consider with Paralegal, then see if we need to look for plea deal, guilty, or go to trial based on disclosure.

Thoughts? Thanks!

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Re: 168 in 80 on Hwy 118 Muskoka: Paralegal/Lawyer Refereral

ynotp

Posted: Wed Jan 20, 2016 8:47 am

Joined: Wed Mar 30, 2011 1:08 pm
Posts: 535
Location: Ontario

At this point I would hire a lawyer to review your case and seek out a plea. (You should have done this from the start). I wouldn't expect much, but, if there is a good result to be had it will come from a pro.

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Re: 168 in 80 on Hwy 118 Muskoka: Paralegal/Lawyer Refereral

jsherk

Posted: Wed Jan 20, 2016 9:55 am

Joined: Thu Jul 26, 2012 1:18 pm
Posts: 1722

I assume you mean the prosecutor and not the JP.

If you go to trial and LOSE, the prosecutor will then make a recommendation to the JP about the penalty, meaning he/she will say "we are asking for 90 day suspension and $4000 fine because of bla bla bla". You (or your representative) will then get a chance to say "we are asking for 30 day suspension and $1000 fine because of bla bla bla".

The JP will then decide the suspension and fine amount. The JP can actually decide something different (more or less) than both of you asked for.

_________________
+++ This is not legal advice, only my opinion +++

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Re: 168 in 80 on Hwy 118 Muskoka: Paralegal/Lawyer Refereral

screeech

Posted: Wed Jan 20, 2016 11:15 am

Joined: Tue Sep 15, 2015 10:20 am
Posts: 324

Michelle Scott of Scott Paralegal, in Huntsville has some good fight in her.

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Re: 168 in 80 on Hwy 118 Muskoka: Paralegal/Lawyer Refereral

UnknownStuntMan

Posted: Wed Jan 20, 2016 12:07 pm

Joined: Tue Nov 10, 2015 11:04 pm
Posts: 6

screeech wrote:

Michelle Scott of Scott Paralegal, in Huntsville has some good fight in her.

I've already got a paralegal. I just wanted to discuss with some of the previous posters in the comments to provide some ongoing fodder for discussion.
Cheers,

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Re: 168 in 80 on Hwy 118 Muskoka: Paralegal/Lawyer Refereral

ynotp

Posted: Wed Jan 20, 2016 12:53 pm

Joined: Wed Mar 30, 2011 1:08 pm
Posts: 535
Location: Ontario

Did you get a paralegal speak to the prosecutor or was that all you?

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Re: 168 in 80 on Hwy 118 Muskoka: Paralegal/Lawyer Refereral

argyll

Posted: Wed Jan 20, 2016 2:21 pm

Joined: Fri Jun 25, 2010 3:30 am
Posts: 787

UnknownStuntMan wrote:

screeech wrote:

Michelle Scott of Scott Paralegal, in Huntsville has some good fight in her.

I've already got a paralegal. I just wanted to discuss with some of the previous posters in the comments to provide some ongoing fodder for discussion.
Cheers,

And kudos to you for coming back with info. Lots of people post the issue and then disappear so we never know how it turned out.

_________________
Former Ontario Police Officer. Advice will become less relevant as the time goes by !

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

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