confused by charge and resulting action

Tragic_Inc
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confused by charge and resulting action

by: Tragic_Inc on
Wed Sep 16, 2009 11:16 pm

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
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by: racer on
Fri Sep 18, 2009 9:14 pm

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"

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by: zoomsay on
Mon Sep 21, 2009 1:45 pm

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


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by: Radar Identified on
Tue Sep 22, 2009 1:54 am

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
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by: racer on
Wed Sep 23, 2009 12:00 am

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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by: Traffic Law on
Tue Sep 29, 2009 10:32 am

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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