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Ontario Highway Traffic Act

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going 146 km/h on DVP (90 Km/h Limit)
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PostPosted: Tue May 11, 2010 10:39 pm 
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Hi
i got pulled over by the cops after the highway ended on DVP and according to the cops i was going at 146 km/h. My license got suspended for a week and my car was impounded for a week. I was given a date to go to court, thats next week. I checked a few forums and websites and they said i have to pay a minimum of 2000 dollars as fine and there might be some jailtime involved.
I am a student, and i dont think i can afford a lawyer. Should I plead guilty to the judge? Please i need some help.


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PostPosted: Wed May 12, 2010 12:01 pm 
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You would actually be looking for a paralegal, not a lawyer. If you were thinking that you can't afford a lawyer at their rates, you might want to check how much a paralegal would charge you to take your case. It should not be as much as a lawyer.

With respect to the fine, $2000 is the statutory minimum for the offence of racing under Section 172. I assume you were charged with both speeding and racing, however, there have been recent case law developments that have seen the racing fine dismissed as being unconstitutional so you might want to speak with the crown or a paralegal about it before you plead guilty.

That being said, I have been in court for cases where people have been convicted of racing and have paid far less than the minimum fine after explaining their financial situation to the JP.


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PostPosted: Wed May 12, 2010 3:05 pm 
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Location: Mississauga
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there have been recent case law developments that have seen the racing fine dismissed as being unconstitutional


In early 2010 an Ontario Court of Appeal has ruled that stunt driving law is CONSTITUTIONAL. Toronto courts are pretty tough on stunts, i suggest you seek legal representation.


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PostPosted: Wed May 12, 2010 6:45 pm 
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Yes, you're quite right. I stand corrected. I hadn't been keeping up with these cases.


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