168 in an 80. Car is impounded for 7 days. yada yada yada.
Can anyone refer a great lawyer or paralegal in the Bracebridge/Haliburton/Minden area?
Topic
by: UnknownStuntMan on
23 Replies
Post Reply168 in 80 on Hwy 118 Muskoka: Paralegal/Lawyer Refererals
168 in an 80. Car is impounded for 7 days. yada yada yada.
Can anyone refer a great lawyer or paralegal in the Bracebridge/Haliburton/Minden area?
Re: 168 in 80 on Hwy 118 Muskoka: Paralegal/Lawyer Refereral
"yada yada yada" and doing twice the speed limit,
yep, right there ![]()
Re: 168 in 80 on Hwy 118 Muskoka: Paralegal/Lawyer Refereral
bobajob wrote:
yep, right there
We're you going to help, or do you just have time to troll the comments ?
Re: 168 in 80 on Hwy 118 Muskoka: Paralegal/Lawyer Refereral
That is pretty serious charge!
You need to call several (I recommend at least 4 or 5) and talk to them all.
Some lawyers/paralegals are not really interested in getting you off, but will simply try and get you a plea deal for a lower charge. Of course this might be something that you want to consider as you are probably facing an insurance SERIOUS conviction whereas a MAJOR or MINOR would be much preferred!
But regardless, you want somebody to represent you that is willing to discuss possible defenses to actually getting you off. If all they want to do is suggest a plea deal or hope the officer won't show up, then that is not the one you want. They get paid whether they win or lose, so it is up to you try to find a good one!
Re: 168 in 80 on Hwy 118 Muskoka: Paralegal/Lawyer Refereral
There is almost a 0% chance of a deal being made on this. Prosecutors may drop a stunt speed if they are over 2 or 3 Km/H maybe even a bit more on a good day, but being over by 68, not going to happen. You will be fighting the stunt charge as laid.
Re: 168 in 80 on Hwy 118 Muskoka: Paralegal/Lawyer Refereral
1> Re-read how you have posted ; i.e. the "tone" ; the "yada,yada,yada" is used as a substitute where what you should be explaining is too lengthy or tedious to recite in full, this says a lot to me
if you think a serious charge and it's details are too "tedious" to write,
2> Doing twice the speed limit, on a public highway, was your life at risk? Because you certainly put others at risk, including any LEO's, but of course "we dont know" because the details where obviously
too tedious (i.e too dull: tiresome or monotonous). to explain
Advice here is free and given by people who are not getting paid to do so, taking time out of there busy and sometimes important job roles,
Have some respect for that.
The other posters have given you the advise you need
UnknownStuntMan wrote:
bobajob wrote:
yep, right there
We're you going to help, or do you just have time to troll the comments ?
Re: 168 in 80 on Hwy 118 Muskoka: Paralegal/Lawyer Refereral
screeech wrote:
There is almost a 0% chance of a deal being made on this. Prosecutors may drop a stunt speed if they are over 2 or 3 Km/H maybe even a bit more on a good day, but being over by 68, not going to happen. You will be fighting the stunt charge as laid.
Reread the original post. It was 88 over, not 68. Really surprised you only got stunt. I'd try to find a lawyer to avoid jailtime.
Re: 168 in 80 on Hwy 118 Muskoka: Paralegal/Lawyer Refereral
What are the specific charges that you got (section numbers)?
Re: 168 in 80 on Hwy 118 Muskoka: Paralegal/Lawyer Refereral
Sorry, I'm not good in math...but that goes to further my position, it will not be dealt away.
Having the car impounded for 7 days leads me to believe it is a stunt charge under Section 172 of the Highway Traffic Act. Chances of getting any jail time, even with a high speed like that, are slim unless there is a big related driving record. The minimum fine is $2000 so you can bet the prosecutor will be asking for more on this one, as well as the possibility of a further licence suspension. And then there is what the insurance company will do...
Re: 168 in 80 on Hwy 118 Muskoka: Paralegal/Lawyer Refereral
Yes, most likely there will be no plea deal and prosecutor will seek the maximum sentence/fine.
Re: 168 in 80 on Hwy 118 Muskoka: Paralegal/Lawyer Refereral
Max fine is $10,000. Unless the driver has a horrible record, I highly doubt they will get the max, even at that speed.
Re: 168 in 80: Paralegal/Lawyer Refereral
jsherk wrote:
What are the specific charges that you got (section numbers)?
Thanks JSherk. Sorry to the others for my brevity. My apologies. The section is 172. (1) - I checked the HTA. It states that "No person shall drive a motor vehicle on a highway in a race or contest, while performing a stunt or on a bet or wager." But, I was alone on the road open road, no one else around. How can this be interpreted as being in a race or contest, performing a stunt" My record has been clean for more than 10 years.
Thanks,
Re: 168 in 80 on Hwy 118 Muskoka: Paralegal/Lawyer Refereral
I have never fought a charge this serious before, but here are the points I see that the prosecution has to prove...
(1) Identify you
(2) as the DRIVER
(3) of a MOTOR VEHICLE (as defined by the HTA)
(4) that was on a HIGHWAY (as defined by the HTA)
(5) that you were in a RACE or a CONTEST
(6) and that you were performing a STUNT (or that you there was some kind of BET or WAGER involved).
So you ask a good question of "How can they interpret it as a race or contest and performing a stunt"!
I do not know the answer (yet), but what happens is other people have probably asked that same question and the come to court and challenged it and then it got appealed and some appeal court judge has decided that a certain something specifically "is" or "is not".
So my guess (only a guess right now) is that there are some case laws where a Judge (not a Justice of the Peace) has decided that speeding over a certain amount constitues a "stunt" and also constitutes "racing". If there are case laws that support this, then the prosecution does not have to do much but actually prove your speed and the case law sort of automatically proves the stunt/race part without much effort on the prosecutions part.
Now of course you can always try to challenge these decisions, but you have to have a really great argument AND you have to be really good at presenting the argument as well.
Re: 168 in 80 on Hwy 118 Muskoka: Paralegal/Lawyer Refereral
They only need to prove speeding by 50Km/H or more over the posted speed limit.
Re: 168 in 80 on Hwy 118 Muskoka: Paralegal/Lawyer Refereral
@screech - so there is case law saying over 50 is racing and stunt?
Re: 168 in 80 on Hwy 118 Muskoka: Paralegal/Lawyer Refereral
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.
Re: 168 in 80 on Hwy 118 Muskoka: Paralegal/Lawyer Refereral
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.
Re: 168 in 80 on Hwy 118 Muskoka: Paralegal/Lawyer Refereral
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!
Re: 168 in 80 on Hwy 118 Muskoka: Paralegal/Lawyer Refereral
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.
Re: 168 in 80 on Hwy 118 Muskoka: Paralegal/Lawyer Refereral
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.
Re: 168 in 80 on Hwy 118 Muskoka: Paralegal/Lawyer Refereral
Michelle Scott of Scott Paralegal, in Huntsville has some good fight in her.
Re: 168 in 80 on Hwy 118 Muskoka: Paralegal/Lawyer Refereral
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,
Re: 168 in 80 on Hwy 118 Muskoka: Paralegal/Lawyer Refereral
Did you get a paralegal speak to the prosecutor or was that all you?
Re: 168 in 80 on Hwy 118 Muskoka: Paralegal/Lawyer Refereral
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.
Hi so I have a bizzare situation. Today I received a summons for "being the owner of a motor vehicle bearing Vehicle Identification Number ###, failed to submit the vehicle, equipment or drawn vehicle for inspection or tests as required by an officer" for a vehicle I previously owned. Apparently a violation of HTA 82(9).
The date of offense is June 15, the summons was issued on October 26th and I…
I'm in a bit of a pickle and hope you generous folks don't mind shedding some light
on my situation.
I have an Ontario driver's license . I've recently received a rash of
tickets 4 of them over the last 12 months or so.
If my trials don't go well I could end up with a suspended license. My
trials are scheduled in a 3 months. I'm moving to PEI in about 2
weeks. As of right now my record shows 0…
Hi, I need some help for the ticket of lmproper left turn.
When i drove my car from east to west, intending to make a left turn and stop in front of stop line. There was a car in front of me, which has turn on yellow light. The light was turning red and then I thought I cannot leave in the intersection and turned, an incoming car was runing the light and hit me. No one got hurt but both cars had…
Have a ticket in which the radar used was a Genesis VP Directional. I had downloaded the manual for a Genesis VP but I now realize that the unit is not the same so it is the wrong manual. My trial is very soon so I do not have time to ask for disclosure of the manual.
Does anyone have access to an electronic version of the manual for Genesis VP Directional?
I want to see if it specifies a tuning…
Hey Guys, I need some help regarding an issue.
I was pulled over today in the city of Oakville for going 75 in a 40 zone. However, I am 100 percent certain that I was going only 50 in the 40 zone. When I was pulled over, I was driving my Dad's car which I felt was the reason I was getting stopped since two teenagers driving a 2013 S Class. He asked does I know why I am being pulled over and I…
hello guys,
I really need help on fighting my 9 tickets i received from one police officer. Here is some background of what happened!
I was caught speeding 66km on a 40km (school zone) on January 29, 2010. I was driving my friend's car and turns out she didnt renew the validation on the vehicle and didnt leave the up to date insurance paper on the car.
After waiting almost 40 mins in my car i…
Hey question that I think here's probably the best place to get the answer:
I was charged with a careless driving offence in oct, trail in early april, so as of right now my insurance record is 100% clean... except the officer did file an accident report at the scene where I was classified at fault due to it being PI (although very minor). The person I hit did not sue etc, so the insurance company…
Very much unintentionally passed a stopped bus, with sign and flashing lights. Didn't realize I had done it until I was at the end of the bus. I'll save you my sob story, but it was truly accidental. I'm generally very cautious and have a perfect driving record. Never been stopped.
While I realize if a cop had seen me that I would have gotten a ticket, there were none in sight. Though I may very…
I was recently pulled over for running a red and I wasnt able to find my wallet in the car at the time to hand over my license. I had a passport in the vehicle that he used. The wallet was in the vehicle, it just fell through the seats. (Tough to find a black leather wallet in a black/black leather truck at night).
The officer still wrote the tickets for both he signed the one ticket (failure to…
I was passing a vehicle that was going slow for me and there was an oncoming vehicle coming at me. I speed up to get around the person I was passing and the oncoming vehicle turns out to be a cop who turns around and tickets me for going 110km in a 80km zone. How does it work with passing a vehicle? Once I passed the vehicle I went back down to my original speed of just under 100. The officer…
I picked up a brand new (old stock) Fuzzbuster a while ago at auction (wopping $5!!) and I want to mount it on the dash of my old GTO as a cool accessory when I show it at car shows. But I'm not sure if it's legal or not.
Here's my thoughts:
- It is early 70's technology (x-band) so it won't detect modern police radar. That's assuming no police force uses the old x-band frequency.
- Though it is…
Is it possible that one be charged with s.128 and s.172(1) and s.130 and s.8(1) under Reg. 678/90 at the same time?
There were no deviced used to register speed.
It's claimed that I drove 140km/h in the area of 60km/h, which wasn't true. I was speeding, no not anywhere close to this speed (max 100km.h).
How best to defend it?
I was offered to plea guilty to stunt driving with minimu fine, no…
Hi guys, I'm still a little in shock of getting my first traffic ticket...
On Monday afternoon, I was returning from Toronto to Ottawa on HW416, I was driving about 15 over 100 like always. Then a car came very close to me on the left lane and made me nervous, I speed up unintentionally to pass the car and change lane, but while doing that a police car pull out of the median. He was hiding in…
May i ask this question regarding transport trucks limited to 105 km/h. Moving road blocks or safety?
IMO it isnt speed that kills. I find transport trucks infact help keep the road going. With cars that choose to not move to the right and slow down the middle lane the trucks would try to pass in their passing lane therefore the slower traffic would move right.
Putting the trucks down more is just…
Hello,
Received a notice from the police that a motion is being put forward to adjourn upcoming trial date. Notice indicates that an officer has sworn an affidavit that the crucial witness cannot attend date trial is set for (we know there is a social engagement at 7:30 pm for the witness, trial time is 1:30 pm). This further delay is a big problem to my daughter's case. She is moving away to…
Hi all,
This is what happened. I was travelling west on a four lane city street that was very light with traffic. I was making a left hand turn into a wide driveway of a business. There was traffic lights about 100 yards past the driveway and were red for the east-west traffic. I was in the left lane with my signal on and there was no oncoming traffic due to the red light. I was slowed right down…
I was driving my families older car and got pulled over, and the police officer informed me my plate was dirty. He issued me a ticket of $110 for the 13(2) act and obstruct plate as the offense. He informed me that such a plate could be used to avoid red lights as well as 407 tolls, also that buying a new plate can help to lower the ticket if I fight the charge, and that he also took a picture…
Hello,
I received a red light camera ticket. In the picture, you see an ambulance in front of me with flashing lights. I had moved to alleviate the traffic behind me for the emergency vehicles coming behind it.
Is this a possible defense, if so, does anyone know any good case law to justify this position?
Thank you
J
what happens if they charge someone for driving at 151Km/hr in montreal and they put for trial, appear after some months and sadly lost the trial ?
In montreal its $300 fine and 5demerit points ...
I heard Ontario and Qubec share the information. So once the trial is over ( and when the file moved to ontario) will his car gets towed and licence get suspended for 7days (later to 30 days ) ? and he…
I got a notice in the mail that trial is set four weeks from today, so it's time to request disclosure. I have zero chance of getting an 11b since trial is less than two months after the offense date and the officer did not reduce the charge. I really want to try and create delays on the trial, to reduce the chance of the officer showing up on multiple occasions. Is there any known loop-holes…
This weekend my father was involved in an accident with a transit bus in Burlington, ON. After the police showed up he was charged with "Fail to obey stop sign" Sec. 136(1)(a). At this particular intersection there NO stop signs but there are traffic lights. There is construction going on there so one of the light posts is smaller.
Driving conditions were terribly wet and visibility was low.…
So my boyfriend and I recently started dating. I have a vehicle that was insured. Insurance cost too much and I found it was just as easy to walk to work due to how close it was. But I didn't want to get rid of my car just yet, plus I'm still making payments on it as well. When we moved into our appartment together, I had it towed to my parking spot out back.
Due to a lack of communication, my…
I was making a left hand legal turn on a green light, a driver came through the lane I was supposed to be going into ran the red and hit me head on as I was turning into my lane. When the officer came he was telling me that I was racing and driving recklessly because apparently there was reports of street racing in the area. I was not charged on the scene for this but I'm scared i am going to be…
I got a ticket for failure to surrender insurance because I did not have my new insurance stubs with me, just a bunch of expired ones. My policy number has not changed, so I asked the officer to just run the policy number so I could prove that I was in fact insured. He said they don't have that ability, handed me the ticket and reminded me that my car could have been impounded.
Do police really…
So I'm in a bit of a pickle and would appreciate if someone could clarify something for me.
I'm less than a month away (test on April 6th) from getting my full G license, and got a speeding ticket recently. The ticket was for 49km/h over the posted limit of 100km/h on the 403 in Oakville/Halton region, but was reduced from the initial ~60km/h over.
I have no problem paying the fine and accepting…