Stunt Driving in Peel

Kurtwood
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Stunt Driving in Peel

Unread post by Kurtwood on

Hi, I got a ticket for 51 over the limit , on Dixie Road just north of the 401. Despite being in Mississauga, the cop was from York region. I was speeding, probably going 15-20 over, not 51!! The second before I got pulled over, four or five BMW and Subaru (sports cars) raced by us. I asked the cop why me, shouldnt you get those guys? She responded, "what your friends, I got you". HUH and WTF? She said I was racing with "my friends". I repeatedly told her I have no idea who they are and I am driving a 4 cylinder Ford Fusion???? In the back of the cruiser she told me she told me she got it all on video. I said great! But as judge and jury, she took my license and got my vehicle towed.

Apparently, a York cop can charge a speeder in Mississauga. I will fight this ticket, but must go to Newmarket to fight a ticket in Mississauga. I want all their disclosure evidence, in particular the video. I also want to know why was she there, in Mississauga, working? Newmarket Police told my dad, they can issue tickets anywhere. Peel Police, after telling him he must be mistaken because they York wouldn't issue tickets in Peel, said it would only happen if there was a joint task force operation in that area...which there was not at the time of his ticket.

Does anyone have any thoughts? Thank in advance.


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Nanuk
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Unread post by Nanuk on

Request disclosure , you won't know anything until you see the evidence against you.

As for the cop from another jurisdiction issuing a ticket that's not an issue as police officers can issue you a ticket anywhere in the province. Essentially a cop from kingston Ontario could still issue you a ticket in Mississauga . However you'd deal with it at the Mississauga court .


ShrekTek
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Unread post by ShrekTek on

So most likely you have a SUMMONS to appear in court? If its a summons, it is not your trial date, so you will show up and tell prosecutor you plan on pleading not guilty and would like a trial date set and would like disclosure, including the video that officer said she had.

If officers notes say there were other vehicles and that she was using radar to get speed, then radar can not distinguish which vehicle the speed was associated with, and if the other vehicles passed you then clearly you were not going 51. But regardless you need to see officer notes before you can really formulate a proper defence.

As side note, any police officer in Ontario can write a ticketr anywhere else in Ontario... municipal boundaries do not matter.

And as far as roadside suspensions go for stunt driving, personally I believe the regulation that the minister created for this should be ultra vires (meaning outside their authority to create it and therefore of no force or effect), but until somebody with an $25,000 to spare comes along and decides to fight it, it will stay in place. If you are found not guilty, then you might be able to take a civil suit and try and get money back for towing, etc but again this will cost some money.
I am not a lawyer and I am not a paralegal and I do not give legal advice.
All statements made are my opinion only.

ShrekTek


Zatota
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Unread post by Zatota on

Shouldn't the trial be in Peel Region (I believe it would be the Brampton court), not Newmarket? Isn't the jurisdiction based on where the alleged offence allegedly occurred, not the police service that made the stop?


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Decatur
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Unread post by Decatur on

The trial can also be held in any adjacent jurisdiction. As per the Ontario Provincial Offences Act.


lolwut
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Unread post by lolwut on

True but Mississauga and Newmarket are not adjacent.


Zatota
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Unread post by Zatota on

Unfortunately for your case, Peel and York Regions are adjacent. It's the upper-tier municipality that matters.


Kurtwood
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Unread post by Kurtwood on

Thanks all good points. Going to plead not guilty and ask for disclosure. As suggested, a Peel Police friend told me to ask specifically as for what she was doing in that area and for the videos. Thanks again.


screeech
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Unread post by screeech on

I don't think the officer needs to justify what they were doing in that area...it will certainly not be anything that could be used in a defence...You do have the right to disclosure, including the video, if any, but that is all...






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