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unnecessary noise sec75(4)
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PostPosted: Wed Aug 20, 2008 6:49 pm 
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i got a ticket for unnecessary noise. i was turning, the cop said i squeeled my tires and i told him i didnt hear my tires squeel. how can i fight this?


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PostPosted: Sun Oct 12, 2008 9:08 pm 
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Location: St Cathariens Ontario
I Also had the same thing happen to me.

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Justin Desmarais


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PostPosted: Mon Oct 13, 2008 1:51 pm 
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Joined: Mon Jun 30, 2008 5:59 pm
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Location: Toronto
Both of you are lucky the cops didn't seize your cars and suspend your licenses under the street racing legislation.

Sec 75 is a strict liability charge. That means you being unaware should be a good enough excuse but you have to be very careful how you present it in court. Also make sure it wasn't an "extended squeal" like drag racing but more a short clip (ie hitting gravel or momentary loss of traction). Request disclosure to see the cop's notes on how he describes it.

Also examine the road for evidence that the surface may have contributed to the noise (ie. wet road, gravel, debris) and therefore it was not intentional. Also weather reports for moisture can come in handy.

Finally testify that you were in care and control of the vehicle, had no intention to make a noise or squeal the tires. But something happened: foot slipped on the clutch, didn't realize you didn't have traction, road surface, etc. You can be as creative as you want but the justice is going to look at whether your explanation was probable, that is, is your version likely what happened. So don't stretch it!

Good luck and good fight.

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same situation
PostPosted: Sun Mar 01, 2009 10:22 pm 
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i was just in the same situation, i was crapping my pants hoping i wouldnt be charged under that new street racing law just for squealing tires. we're both lucky!


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