Street racing?

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BelSlySTi
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by: BelSlySTi on
Fri Aug 08, 2008 12:42 pm

Just trying to hone his PR skills,he needs some work!
Here's one for you guys.

One of my key objectives since becoming Commissioner of the Ontario

Provincial Police (OPP) in October 2006, has been to reduce fatalities and

serious injuries on more than 900,000 kilometres of roads for which the OPP is

responsible.

I am pleased that we are finally starting to see a significant downward

trend in both serious collisions and fatalities overall as well as reductions

in deaths attributed to speeding, alcohol and not wearing a seatbelt.

To date in 2008, 174 people have been killed on roads patrolled by the

OPP, compared to 256 in 2007, a decline of 32 per cent. That's the equivalent

of 82 lives saved. The number of fatal collisions is also down significantly -

151 this year versus 221 in 2007, a 31.7 per cent drop.

Deaths where excessive speed was a factor are down 40.2 per cent - from

102 last year to 61 this year. Alcohol-related fatalities are down 37 per cent

(29 versus 46).



This encouraging trend is directly attributable to a number of factors:



- The Provincial Traffic Safety Program, introduced in March 2007. It

puts the onus on every OPP uniform officer to make traffic safety a

priority 24 hours a day, seven days a week.

- The return to the highly visible black and white patrol cruisers.

- The concentrated deployment of officers throughout the province.

- The renewed/reinvigorated OPP-wide efforts to increase our

effectiveness in reducing the carnage on our highways.

- The 24/7 province-wide Reduce Impaired Driving Everywhere (RIDE)

teams.

- Using Results-Driven Policing to identify and target problem areas for

extra enforcement.

- The re-introduction of OPP aerial traffic enforcement. Over the Civic

Holiday Weekend, the OPP plane and a second rental aircraft were

responsible for 561 charges, including 497 for speeding. We are

continuing to target problem areas across the province and to deploy

the plane to those areas. Over the Civic Holiday Weekend, we laid

5,643 charges for exceeding the posted speed.

- Introduction of Section 172 of the Highway Traffic Act in September

2007. This legislation, mistakenly referred to as "stunt driving or

racing" legislation, allows police services across the province to

suspend a driver's licence for seven days and impound a vehicle on the

spot if the motorist is caught driving at more than 50 kilometres

above the posted speed limit. The legislation also applies to certain

aggressive driving actions, such as weaving in and out of traffic,

following too closely and making illegal turns.

- Increased media and public attention to the dangers of excessive

speeding, aggressive driving and the number of senseless deaths

directly attributable to inconsiderate motorists.



Traffic safety is a shared responsibility that includes the police, the

public and the justice system.

The OPP won't be deterred from our goal of making Ontario's highways even

safer than they are now. The results our efforts are achieving are what should

matter, not the views of a few misguided individuals who refuse to acknowledge

that excessive speed kills.

We are making progress in changing drivers' behaviour and that's good

news for everyone.



Yours truly,

Julian Fantino

For further information: Bruce O'Neill, Communications Adviser, Corporate

Communications Bureau and Highway Safety Division, Ontario Provincial Police,

(905) 751-2021
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BelSlySTi
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by: BelSlySTi on
Sat Aug 09, 2008 8:28 am

http://www.wellingtonadvertiser.com/ind ... itmno=1524



OPP: racing charges across Wellington adjourned until fall



by Chris Daponte



WELLINGTON CTY. - OPP Staff Sergeant Scott Smith says local courts are having “zero success” in convicting those charged under new racing legislation and all charges in the county have been adjourned until October.

Smith made that revelation recently during a presentation to Mapleton Township council.

He said some individuals - from government critics to regular citizens - are opposed to the Ontario legislation, which was introduced last October, claiming it is “unconstitutional.”

The matter may eventually play out before the Supreme Court, Smith hinted, but until it is settled, local charges will remain in limbo.

Critics claim the conviction rate is too low to justify the charges when the drivers may never be found guilty of racing.

Some also claim the legislation violates the nation’s Charter of Rights and Freedoms because it provides an up-front penalty for those accused of racing - a seven day vehicle seizure and licence suspension - before they are proven guilty in court.

An online petition to that effect, addressed to the Ontario government, has received almost 6,000 signatures to date.

Ontario Premier Dalton McGuinty and Attorney General Chris Bentley have supported the legislation, while the Conservatives and NDP have called for a review of the law.

During the first six months the racing law was in place 1,080 racing charges were laid in Ontario.

In about half of those cases (526, or 49%) the accused had the charge reduced to speeding, while 229 (21%) had the charge stayed, dismissed, or withdrawn. Only about 30% (325) were actually convicted of racing.

As of the end of June, 77 racing charges were laid this year in Wellington County, with 22 in June alone. Smith said that ranks the county OPP first in the province in terms of the amount of charges laid.

He also echoed the sentiment of OPP Commissioner Julian Fantino, who claimed the new legislation is helping to reduce speed-related deaths on the road. Those fatalities are down about 40 per cent in 2008 compared to this time last year, but statistics from the Ministry of Transportation show the number of deaths on Ontario roads has steadily declined since 1980.

Regardless of a possible impending legal battle and perhaps even changes to the legislation, local police are not changing anything.

“We have not received any direction [on the matter],” OPP Constable Mark Cloes said on Tuesday. “It’s still business as usual for us - trying to get people to slow down.”

Provincial Prosecutor Paul Dray, from the Guelph Crown Attorney’s Office, which handles the racing charges for Guelph and Wellington, was unavailable for comment by press time.



Who can see Cam kicking stones on the side of the road? :lol:
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by: hwybear on
Fri Aug 15, 2008 9:45 pm

McKenzie...so full of BS. but hey that is what sells the papers.

I don't think anywhere in history is there going to be someone who thinks any stat is truthful. Everyone can twist things to make their own perceptions look better or add in the what ifs until the cows come home.

(ie police weekend stats...well civilian side now blames gas, weather blah blah and stats are not correct)
or
(ie civilian court convictions for racing....police side saying not taking into account the pleas rather than higher convictions)

Can even see the one sided paper reporting of taser incidents, but that does not really belong on this forum either.
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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BelSlySTi
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by: BelSlySTi on
Wed Aug 27, 2008 6:44 pm

The email I recieved from Mr.Klees regarding HTA 172(Bill 203)

From: Klees-CO, Frank
Sent: Monday, August 25, 2008 9:59 AM

I am acknowledging your email concerning the enforcement of the recent changes to the Highway Traffic Act section 172. Although I did put forward a Private Member’s Bill to address street racing these changes do not reflect my street racing Bill - see link. http://www.frank-klees.on.ca/CurrentIss ... Racing.htm My Bill applied to incidents in which police had reasonable grounds to determine that “street racing” was involved and that was the basis for roadside suspension and impoundment. I consider the safety of others to be paramount to the rights of a street racer.

The immediate suspension of the driver’s licence and impounding of vehicles when offenders exceed 50 km/h or more of the posted speed limit was not part of my legislation. In fact, I have expressed my opposition to this arbitrary provision which allows for no discretion based on circumstance and disregards due process.

Sincerely,

Frank Klees, MPP
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by: hwybear on
Wed Aug 27, 2008 8:34 pm

I finally saw the use for this part yesterday morning....
*****************************************************
Driving a motor vehicle in a manner that indicates an intention to cause some or all of its tires to lose traction with the surface of the highway while turning
***************************************************
Driver turns from one highway onto another, as he turned he hammered it so much, he went across the pavement, over the curb, about 100ft across grass (scorched the grass with spinning) and into a house...knocking the front corner about 5 feet off the concrete foundation
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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by: Reflections on
Wed Aug 27, 2008 9:45 pm

hwybear wrote:I finally saw the use for this part yesterday morning....
*****************************************************
Driving a motor vehicle in a manner that indicates an intention to cause some or all of its tires to lose traction with the surface of the highway while turning
***************************************************
Driver turns from one highway onto another, as he turned he hammered it so much, he went across the pavement, over the curb, about 100ft across grass (scorched the grass with spinning) and into a house...knocking the front corner about 5 feet off the concrete foundation
If you're stupid enough to do this, you don't deserve to be driving. What was he driving anyway???
http://www.OHTA.ca OR http://www.OntarioTrafficAct.com


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by: racer on
Wed Aug 27, 2008 11:36 pm

hwybear wrote: *****************************************************
Driving a motor vehicle in a manner that indicates an intention to cause some or all of its tires to lose traction with the surface of the highway while turning
***************************************************
Would that not be considered "Careless Driving" or "Stunt Driving"?
"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: Bookm on
Thu Aug 28, 2008 9:35 am

I suspect IMPAIRED driving!

Look, if the 6000 or so impoundments to date were related to this kind of driving, there would be no opposition to Bill 172. But we all know that is not the case. Some of us even know that not EVERY officer conducts him/herself with the utmost of professionalism. It's irresponsible for any member of government or the OPP commissioner to assume EVERY officer will exercise good judgment when laying these stunt charges. The fact that so many charges (not just stunt charges) are successfully challenged in court is proof that officers do make errors in judgment.

I have always driven "noticeable" cars and have personally been the victim of outrageous charges laid on the side of the road. My resentment to those charges has caused me to rebel somewhat (I 'spose) but I'm sure I don't feel any where near the resentment those who have suffered under this extreme Bill feel. And I'm not just talking about the drivers, but the car owners, struggling parents of difficult teenagers, and even those who were wrongly charged and had their charges dropped or beaten in court. No one is going to convince me that many of these charges weren't laid by some egotistical officers out to show some young, cocky teens just who really runs the show around here.

Make the punishment fit the crime and I'll be back on board 100% supporting law enforcements efforts to promote traffic safety. ie Keep Right, Use you Signals well in advance, Leave plenty of Following Distance, and Get off the Phone Lady.


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by: Reflections on
Thu Aug 28, 2008 11:17 am

Make the punishment fit the crime and I'll be back on board 100% supporting law enforcements efforts to promote traffic safety. ie Keep Right, Use you Signals well in advance, Leave plenty of Following Distance, and Get off the Phone Lady.
Do I hear a bell????.........ding,ding.
http://www.OHTA.ca OR http://www.OntarioTrafficAct.com


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BelSlySTi
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by: BelSlySTi on
Thu Aug 28, 2008 11:33 am

Bookm wrote:
Look, if the 6000 or so impoundments to date .
Thats 7500 and counting!

Bookm wrote:
But we all know that is not the case. Some of us even know that not EVERY officer conducts him/herself with the utmost of professionalism. It's irresponsible for any member of government or the OPP commissioner to assume EVERY officer will exercise good judgment when laying these stunt charges. The fact that so many charges (not just stunt charges) are successfully challenged in court is proof that officers do make errors in judgment.
Well said and I doubt anyone will contest that statement, being human we all make mistakes!
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by: hwybear on
Fri Aug 29, 2008 3:28 pm

racer wrote:
hwybear wrote: *****************************************************
Driving a motor vehicle in a manner that indicates an intention to cause some or all of its tires to lose traction with the surface of the highway while turning
***************************************************
Would that not be considered "Careless Driving" or "Stunt Driving"?
Yes driver was charged with Stunt Driving.
Was a pickup
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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BelSlySTi
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by: BelSlySTi on
Fri Sep 05, 2008 9:53 pm

This person knows thier rights, I will buy his book!
"'ABUSE OF POWER - seizure and extortion by an organized gang the Ontario Government" It has to better then Julian Fantinos, "I want to be a politician"

Read the whole thread!
The aim of Ontario's street racing legislation was to stop street racing on public road ways.

The method was initially to use the Federal Civil Remedies Act to seize cars on the spot and extort money in the form of towing, impound and its associated admin fees as well as license suspension and renewal.

Since the Civil Remedies Act is a federal act, the province could not change the wording of the act before using it. The wording of the act does not lend itself to the seizing of cars and extorting of money. In fact, since the Civil Remedies Act is based on the probability or likelihood of bodily harm caused by the offending vehicle and driver, the Act did not cover this eventuality. Essentially, this put the province of Ontario in the position of having stolen cars and extorting money since there was no way any of the cars were likely to cause bodily harm to anyone.
The stunt driving aspect is even worse since absolutely no one understands that at all.
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