If 172 gets removed does this mean 50 over the speed limit would essentially be removed and the fines or punishment for 49 over would apply to this?
Would this also mean 4 demerit points for the 30 to 49 over would now apply for 50 over?
Yesterday I was driving on a two lane road, with one lane used partly as parking. I was stuck in the parking lane, and I couldn't leave as there was busy traffic all on my left. The roads were slick and icy (-15C weather), and I was gaining on a parked car in front of me. I knew that I had to get…
I received a speeding ticket this past weekend, and although the officer was nice and gave my 6yo a coupon for a free slushy, I want to fight the ticket.
The officer wrote the offence as "95km/h in a posted E0 km/h zone" the "E" being what looks like a written backwards 3. Now I know and you can…
Some very recent case law regarding cell phones.
The short synopsis is that briefly holding your cell phone is lawful. The accused in this matter was observed with her phone in her hand at a red light. She claimed to have simply just picked it up off the floor.
From the decision:
Given the…
There are always those tickets you get when you know you were doing something wrong, and yet your still mad you know you got caught. Well in this case getting this ticket almost made me sick to my stomach. I'm currently going back to school and am working a part time pizza delivery job to help…
I approached intersection while light is changed to orange, I hit the breaks in order to avoid crossing the cop who is standing in red light... the car skidded and stopped pass the line ( the car still not ented the intersection)
I removed the seat belt while car is stopped as it pressed against my…
Last week I went to my friend's house at 9.30 pm to drop off something and parked the car for 15 min. curbside and got a ticket for "parked facing the wrong way". This is a two way street in east-west direction in a residential area. The houses are on the south side of the street and parking is…
So I'm 19 no prior tickets and no tickets now.
Heading back from the airport at 5am after dropping a friend off.
the road I'm heading down has little to no light. I'm literally in the middle of the boonies. I notice a vehicle approaching me from behind. At this point I'm doing about 90 kph in a 80.
H…
It happened last December. I was facing north in the middle of the intersection at Donmills and McNicoll waiting to make a left turn. There was a big white van on the other side of McNicoll facing south waiting to turn left too. When the light changed to amber, I checked and the road was clear,…
Re: Criminal Code Section 39 re impounding of Car
If 172 gets removed does this mean 50 over the speed limit would essentially be removed and the fines or punishment for 49 over would apply to this?
Would this also mean 4 demerit points for the 30 to 49 over would now apply for 50 over?
Re: Criminal Code Section 39 re impounding of Car
tdrive2 wrote:Ya no kidding i dont get where People like Fantino seem to think they are over the laws and rights of this own country.However abuses power like that sure as hell does not belong to be the OPP cheif.
Don't worry about him, his day is coming in more ways then one!
and he knows he's trouble!
http://www.cbc.ca/canada/toronto/story/ ... alcomments
tdrive2 wrote:What i am really curious about is once this law is found to be unjust what happens to all those people who got ripped off ?I cant wait the day this law is found unjust.
From what Mr. Newell has told me, after meeting with a Constitutional Lawyer
The bottom line is this challenge would run into six figures if it were handled professionally by a lawyer. If we won, it would be appealed and if we won again, the province would have leave to appeal to the Supreme Court of Canada.Allan said the Ontario Government would take the challenge very seriously and take every step to ensure they won.
He also said that a law is the law until it is repealed. But there is no option for giving anyone their money back if the law is struck down. To do so would promote (legal) chaos he said.
When I stated that I believed the law was passed fraudulently, he dismissed that at the outset but the more he heard, the less dismissive he became. He was clearly interested in that aspect of the case despite its seeming inadmissiblitiy
John has a great book out on the STREET RACING LEGISLATION
Canadian ISBN # 978-0-9810028-0-4
If anyone in the GTA wishes borrow a copy to read, PM me!
Re: Criminal Code Section 39 re impounding of Car
tdrive2 wrote:If 172 gets removed does this mean 50 over the speed limit would essentially be removed and the fines or punishment for 49 over would apply to this?Would this also mean 4 demerit points for the 30 to 49 over would now apply for 50 over?
I believe there are fines for up to 59 over. 60 over automatically got you an appointment with the robed ones and you had to explain why you still needed your license. Correct me if I'm wrong anyone.

Re: Criminal Code Section 39 re impounding of Car
128.13(3) already provides ample penalties for exceeding the speed limit by over 50 km/hr. 6 points, plus hefty fine, plus massive insurance increase, but no roadside license suspension nor towing the car. Good ol' law that's been replaced by a bad new one.
Re: Criminal Code Section 39 re impounding of Car
tdrive2 wrote:In fact this law lets the real street racers off the ones who should be charged with careless driving, this stunt racing law lets them off easier!.
How do you figure that?
Careless = $325 and 6 points
172 = $2000 and 6 points
Re: Criminal Code Section 39 re impounding of Car
I think he meant dangerous driving.
Re: Criminal Code Section 39 re impounding of Car
Correct i got the two confused. Thanks reflections.
What is happening with this unconstitutional law is there any active court cases?
Re: Criminal Code Section 39 re impounding of Car
hwybear wrote:tdrive2 wrote:In fact this law lets the real street racers off the ones who should be charged with careless driving, this stunt racing law lets them off easier!.
How do you figure that?
Careless = $325 and 6 points
172 = $2000 and 6 points
OK, give the "racers" 2 charges, Careless and Dangerous. Dangerous is not that hard to prove. We can change the fine structure to suit. For that charge I will support a licence suspension....
Re: Criminal Code Section 39 re impounding of Car
Don't we have something against laying two charges for the same offense? Or is that just in the States?
Re: Criminal Code Section 39 re impounding of Car
Squishy wrote:Don't we have something against laying two charges for the same offense? Or is that just in the States?
But there are two offences. One is speeding the other is racing.
If you line up side by side with someone else and proceed to try and beat them to a specific spot that's Dangerous. If you try really hard, i.e. exceeding the speed limit by 50KPH, that would be careless. I would then agree that an officer could take away the drivers' license, but not the car. Slap the dumbdumb ricer, um, I mean racer with 2 charges and watch the occurences of real street racing drop. Just doing 50 over is not racing.