did 171km/h in 100 zone on QEW please help.

xcire
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did 171km/h in 100 zone on QEW please help.

by: xcire on
Fri Dec 31, 2010 8:10 pm

so i was travelling on QEW from niagara to toronto on new years eve. i was driving on the middle lane initially, there was 2 trucks lined up ahead of me doing around 120km/h, these two trucks had large chucks of snows on top of their cargos, and they kept on falling onto my car. so when there is an empty gap in between the right lane, i switched to it and pressed on my gas as hard as i could trying to pass these two trucks, but unfortunately just as i over took them and changed to the passing lane, a police car was hidding under a bridge, he came after me and pulled me over, he gave me a ticket for 171km/h and another one for stunt racing, ofcourse i didn't race no body or intent to race. they impounded the car for 7 days and suspended my license for 7 days. the officer set a court date on feb 3rd, and whats worse is the court location in all the way in niagara....

i have almost 5 years of g license and no demerit points accumulated so far, and i know the penalties are 2000-10000$ and 6 points deduction.

please if anyone with the same experience is kind enough to answer some of my questions.

i didn't intent to speed or race at all, i was trying to pass two dangerous trucks ahead of me, how likely am i to get convicted of stunt racing if i explain my case.

if i explain my case to the judge, how likely will they lower the fine or penalty, i am a 3rd yr university student, i can't afford to pay 2000 dollars or more for fines, if i plea bargain how likely will they give me the 49+ deal, also can i make up the fines by doing community service.

i am definitely seeking paralegal advices, but how likely can they help me out in this situation.

also the officer accidentally droped my drivers license on the way out, and i picked it up, i know he is suppose to suspend and keep my license, but i now have it with me, do i still have to pay the fee to reinstate my drivers license after 7 day suspension is done or can i just use my old drivers license.

the cop never mentioned about disclosure, in this case where do i file for disclosure since i live in toronto not niagara.


i am not really concerned about my demerit points since i am not going over 9 yet, but the fines are a killer.
please help me out, any suggestions are welcome.

i was driving my parent's benz slk 350, one curious question is that, if i sped up instead of slowing down after i see the cop, how likely is it for me to loose him, i believe i do have a pretty good heads up against him. my car can go up to 250km/h. if i just speed up and exit the next ramp, can i really get away? cuze i had an urge to do that, and what if i get caught after trying to escape. i just want to know if i did the right thing by stopping>.<

happy new year guys










xcire
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by: xcire on
Sat Jan 01, 2011 3:16 pm

ya, you are right, glad i stoped. i did a little research, the police car can actually go faster than mine. and i remember seeing other cop cars going pass us waving at the cop, guess they were ready.


xcire
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by: xcire on
Sat Jan 01, 2011 3:29 pm

if they impound your car. do you have the option of choosing your own towing company. the police didn't give me any option to choose my own towing company, and forced me to go with a towing truck he called? i remember asking the price, and the one he called cost 250 just for showing up and 75 dollars a day. mine company cost 100$ for showing up and 50 dollars aday... i feel the cop just ripped me off. not sure if he is really following the procedure.

thanks for the help


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Simon Borys
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by: Simon Borys on
Sat Jan 01, 2011 3:40 pm

If the vehicle is being seized (impounded) the police chose the company. To avoid favouritism, there is usually a bunch of companies that form a towing association and when an officer request a "secure tow" (for a seizure) the dispatcher just calls the next company from the association on the list.

If the police have, for example, seized your plates, but are not seizing your vehicle, it is up to you to remove it from the roadway, since you can't drive it unplated. In situations like this they can and will call of your choice for you, or one from the association if you don't care which company.

Fees for companies operating on a call for the association are standard and are set by the association, so if it was a seizure, it doesn't matter which company showed up, since they're all going to charge the same for that.
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Simon Borys
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by: Simon Borys on
Sat Jan 01, 2011 4:07 pm

xcire wrote: i didn't intent to speed or race at all, i was trying to pass two dangerous trucks ahead of me, how likely am i to get convicted of stunt racing if i explain my case.
Intent is not required to be proven in a case of stunt driving. It is sufficient for a conviction that you actually drove more than 50 km over the limit. By definition (O/Reg 555/07), that is racing.

if i explain my case to the judge, how likely will they lower the fine or penalty, i am a 3rd yr university student, i can't afford to pay 2000 dollars or more for fines, if i plea bargain how likely will they give me the 49+ deal, also can i make up the fines by doing community service.
That is something you or an agent (paralegal or lawyer) could speak to the prosecutor about. I can't speak for Niagara region prosecutors, but in my experience, you would be luck to get a 49 over from 71 over. Still, you can try to negotiate.

i am definitely seeking paralegal advices, but how likely can they help me out in this situation.
It depends on so many factors, no one can really say. Most important is the quality of the paralegal you suggest. Which is hard to determine unless you go by referral.

also the officer accidentally droped my drivers license on the way out, and i picked it up, i know he is suppose to suspend and keep my license, but i now have it with me, do i still have to pay the fee to reinstate my drivers license after 7 day suspension is done or can i just use my old drivers license.
You still have to pay the $150 fee. The fee is not actually to get the licence card back, it's to get the licence reinstated in the MTO's computer system. Also, it is technically an offence to possess a licence card while your licence is under suspension...just FYI.

the cop never mentioned about disclosure, in this case where do i file for disclosure since i live in toronto not niagara.
Niagara prosecutors office. Call the # on the back of the ticket to get more info.

i am not really concerned about my demerit points since i am not going over 9 yet, but the fines are a killer.
please help me out, any suggestions are welcome.
Again, this is something you can negotiate.

i was driving my parent's benz slk 350, one curious question is that, if i sped up instead of slowing down after i see the cop, how likely is it for me to loose him, i believe i do have a pretty good heads up against him. my car can go up to 250km/h. if i just speed up and exit the next ramp, can i really get away? cuze i had an urge to do that, and what if i get caught after trying to escape. i just want to know if i did the right thing by stopping>.<
You might be able to get away, but if they get your plate, you're toast :)
http://www.boryslaw.ca
NOTHING I SAY ON HERE IS LEGAL ADVICE.








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by: hwybear on
Sun Jan 02, 2011 11:47 am

Simon Borys wrote:
xcire wrote: i didn't intent to speed or race at all, i was trying to pass two dangerous trucks ahead of me, how likely am i to get convicted of stunt racing if i explain my case.
Intent is not required to be proven in a case of stunt driving. It is sufficient for a conviction that you actually drove more than 50 km over the limit. By definition (O/Reg 555/07), that is racing.
Couple things

- It is HTA OREG 455/07

- It is not "racing", but by definition is a "Stunt". Which is where a driver does a certain driving behaviour, while operating a motor vehicle.

I think this is the reason some people get upset when they read some news articles as it will say someone got caught "racing", but they were in a Ford 500 and 55yr old, not a stereo typical car from the "Fast and Furious". So if the articles were adjusted so that it read the driver was operating a motor vehicle while performing a stunt, it would be a lot more palatable to the public.
Above is merely a suggestion/thought and in no way constitutes legal advice or views of my employer. www.OHTA.ca




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