The fact remains that this law can be held over the motorist head........ I have had a few officers, how do we say, try to influence me into incriminating myself. The law says the officer has six months to lay this charge.......So in essence if the officer lays section 172 on my arse 5.5 months after something, insert your own traffic violation here, and then I plead down to 25 over, does that serve the interest of the public??????? THE LAW IS FLAWED.
The fact remains that this law can be held over the motorist head........ I have had a few officers, how do we say, try to influence me into incriminating myself. The law says the officer has six months to lay this charge.......So in essence if the officer lays section 172 on my arse 5.5 months after something, insert your own traffic violation here, and then I plead down to 25 over, does that serve the interest of the public???????
THE LAW IS FLAWED.
http://www.OHTA.ca OR http://www.OntarioTrafficAct.com
325 convicted, 229 dropped and 526 reduced. Source: "Street racing: thousands charged, few convicted"; CBC, June 9, 2008 Also see Conviction rate slowing for street-racing legislation.
hwybear wrote:
Conviction rate is construed to whomever wants it to be.
33% - that is those convicted under 172...What is the actual % of those that left with absolutely nothing?
325 convicted, 229 dropped and 526 reduced. Source: "Street racing: thousands charged, few convicted"; CBC, June 9, 2008 so that is 1080.....and 229 dropped......so that is now 21% not being convicted OR 79% being convicted.
ticketcombat wrote:
hwybear wrote:
Conviction rate is construed to whomever wants it to be.
33% - that is those convicted under 172...What is the actual % of those that left with absolutely nothing?
Since 1999 to 2007 there have been 35 street racing related deaths They construed those numbers around so well, we now have 172 and 11,000 disasters have been averted :roll:
Since 1999 to 2007 there have been 35 street racing related deaths
They construed those numbers around so well, we now have 172
I agree with Reflections (except for the math part). 755 people were penalized for something they were never convicted of. And of those, 229 were not guilty of anything. That's just wrong.
I agree with Reflections (except for the math part). 755 people were penalized for something they were never convicted of. And of those, 229 were not guilty of anything. That's just wrong.
The whole law is wrong! If those 755 people who were penalized, recieved their up front fees back, the plane would be brought down and sold on ebay, pilot included 8)
ticketcombat wrote:
I agree with Reflections (except for the math part). 755 people were penalized for something they were never convicted of. And of those, 229 were not guilty of anything. That's just wrong.
The whole law is wrong!
If those 755 people who were penalized, recieved their up front fees back, the plane would be brought down and sold on ebay, pilot included
229 times say 1200.............. Let me go find the calculator........oooh, whendid that spot show up on the wall..... there it is........ $274800. I wonder how much of that needs to go to the AD-Scam boys????????????????????
ticketcombat wrote:
I agree with Reflections (except for the math part). 755 people were penalized for something they were never convicted of. And of those, 229 were not guilty of anything. That's just wrong.
229 times say 1200..............
Let me go find the calculator........oooh, whendid that spot show up on the wall..... there it is........ $274800. I wonder how much of that needs to go to the AD-Scam boys????????????????????
http://www.OHTA.ca OR http://www.OntarioTrafficAct.com
For the 229 people who had their charges dropped or were found not guilty, a poster on another message board summed it up best: Let's say we waited until after the court date. You're found NOT guilty, therefore we are going to seize and impound your vehicle for 7 days and suspend your licence, at your expense. Make sense? I don't think so! Here's what I think: The law won't be around forever. Up-front seizure of your lawfully-owned private property for a set period of time, with no recourse available, is denial of due process, and it violates the presumption of innocence until proven guilty. Section 172 explicitly says "THERE IS NO APPEAL, OR RIGHT TO BE HEARD FROM" any action taken in regards to the suspension or impoundment, no "show cause," no appeal, nothing. Several hundred years of common law precedent in similar matters says that is not permissible, so that's likely getting tossed. As for the impoundment, which is de-facto punishment without conviction, that's also likely to be removed. The licence suspension might stand up. Challenges to administrative licence suspensions have generally not gone too well, ALTHOUGH I should mention that in every one of those cases that I know of, there WAS an avenue of appeal for the suspension, which is not available under section 172. The fines and other stuff after conviction will probably stay. I guess we'll have to see what the courts say, but the odds look like they're in favour of part of the law being struck down. All of this "stunt driving" or "racing" was already against the law before Bill 203. The penalties available for driving, say, 160 on the 401 were reasonable enough under the HTA. For dangerous driving (example: 238 in an 80 on Highway 26), and for street racing, there was section 249 of the Criminal Code... and still is. And the Criminal Code has much more severe penalties than the HTA, IMO, but the penalties there are imposed after conviction.
The whole law is wrong!
For the 229 people who had their charges dropped or were found not guilty, a poster on another message board summed it up best: Let's say we waited until after the court date. You're found NOT guilty, therefore we are going to seize and impound your vehicle for 7 days and suspend your licence, at your expense. Make sense? I don't think so!
No I don't think there should even be the 7 day suspension, even though some in my opinion deserve that and much more!
Here's what I think: The law won't be around forever. Up-front seizure of your lawfully-owned private property for a set period of time, with no recourse available, is denial of due process, and it violates the presumption of innocence until proven guilty. Section 172 explicitly says "THERE IS NO APPEAL, OR RIGHT TO BE HEARD FROM" any action taken in regards to the suspension or impoundment, no "show cause," no appeal, nothing. Several hundred years of common law precedent in similar matters says that is not permissible, so that's likely getting tossed. As for the impoundment, which is de-facto punishment without conviction, that's also likely to be removed. The licence suspension might stand up. Challenges to administrative licence suspensions have generally not gone too well, ALTHOUGH I should mention that in every one of those cases that I know of, there WAS an avenue of appeal for the suspension, which is not available under section 172. The fines and other stuff after conviction will probably stay. I guess we'll have to see what the courts say, but the odds look like they're in favour of part of the law being struck down.
All of this "stunt driving" or "racing" was already against the law before Bill 203. The penalties available for driving, say, 160 on the 401 were reasonable enough under the HTA. For dangerous driving (example: 238 in an 80 on Highway 26), and for street racing, there was section 249 of the Criminal Code... and still is. And the Criminal Code has much more severe penalties than the HTA, IMO, but the penalties there are imposed after conviction.
I'll throw another idea in the mix :D Charge as normal at roadside....go to court.....when conviction registered 30 day suspension on 1st offence and $2000, 90 day on 2nd offence and $5000, 1yr on 3rd offence and $10000. that should comprise the found guilty part, plus is a strong deterent and penalty should one be caught.....heck vote HB for Premier :D
I'll throw another idea in the mix
Charge as normal at roadside....go to court.....when conviction registered 30 day suspension on 1st offence and $2000, 90 day on 2nd offence and $5000, 1yr on 3rd offence and $10000.
that should comprise the found guilty part, plus is a strong deterent and penalty should one be caught.....heck vote HB for Premier
Above is merely a suggestion/thought and in no way constitutes legal advice or views of my employer. www.OHTA.ca
Charge as normal at roadside....go to court.....when conviction registered 30 day suspension on 1st offence and $2000, 90 day on 2nd offence and $5000, 1yr on 3rd offence and $10000.
Charge as normal at roadside....go to court.....when conviction registered 30 day suspension on 1st offence and $2000, 90 day on 2nd offence and $5000, 1yr on 3rd offence and $10000.
that should comprise the found guilty part, plus is a strong deterent and penalty should one be caught.....heck vote HB for Premier
Scooby say "I riechy that one better, raggy".
http://www.OHTA.ca OR http://www.OntarioTrafficAct.com
Hi everyone. I'm asking for a friend who has a question of interpretation.
He was ticketed for using a hand-held device. He contends that he was acting within the exemption provided under Subsection 14 (1) of O. Reg. 366/09, which reads as follows (emphasis added):
Hey guys i just wanted to know what speeds you see others do on the roads on a regular basis. As we all know no body drives 100 km. It seems they only hit that speed twice once on the way up and once on the way down.
it seems the De Facto limit on the 401 is about 120-130. But lately i dont know if…
On June 10, 2017, I was pulled over by an OPP on the 403 heading WB and told I registered 136km/hr. I kept chit chat to a minimum and took my ticket and went on with my day. I later requested my disclosure and did not receive it until a week before my Oct. 27 court date, and so I had my date…
Anyone know any more information? Apparently kathleen wynne mentioned trying to introduce legislation after more than 20 years of no speed cameras. My guess is that it wont happen, since they've tried before many times to bring it back after it was abolished.
The other day I was given a ticket for speeding 119 in a 90, on highway 17 near Marathon, ON (Speeding ticket capital of the universe, BTW). The officer claims to have "clocked" me using the vehicle mounted radar at 121 KMH and dropped it (presumably to lower fine and demerits).
I posted this in the 3 Demerit Section and haven't received any
responses.
I received a failure to stop at an amber light ticket on April 17, 2009. At my First Attendance Meeting I asked to read the police officer's notes and remember thinking how ridiculous they were and the difficulty…
I was on the right side of the road going straight when a pedestrian waved down the taxi driver in the lane next to me. He pulled over to the right without any notice or signalling and hit me with the side of his car.
There were many witnesses but I immediately had a concussion and did not think of…
My mother was driving EB on a 4 lane street (2 lanes EB, 2 lanes WB).
She was in the left hand lane and started a left hand turn so as to enter a side street, crossing WB traffic. There was NO intersection. She hit a cyclist who was heading WB. Police where called but none showed up. My…
If the speed limit is 50, and you do 100+, not only do you get 6 points. Your car gets impounded for a week, and your license suspended for 7 days, along with a hefty fine of at least $2000. The penalty is actually the same as for racing. The law came in effect on October 1, 2007. Remember -…
I was driving westbound on Hwy. 8 earlier this month in North Dumfries Township, approaching the Cambridge city limits. The weather was clear and the roads were dry. I noticed a vehicle on the shoulder on my side of the road, pointing towards me. This didn't concern me right away, as it is a rural…