Ontariohighwaytrafficact.com

i received a ticket yesterday for "Race a motor vehicle while performing Stunt". followed by the 7 day suspension and impoundment. i was pulled over right after i had left our garage facility where i keep my car. i did nothing wrong when i pulled out onto the road and was pulled over almost instantly. the officer asked for my registration, licence and insurance which i handed over. then he asked what towing company i used. when i asked why he said that i was racing and my car was being impounded and my licence was being suspended. i was shocked!!. after about an hour of waitin on the side of the road the car was picked up and i was finally given paperwork. the officer then told me that he had seen me earlier during the day driving fast and weaving in and out of traffic, ( which is untrue)while driving his own vehicle and that he had been watchin for me from then on.

please help, what should i do??

On a bad note, you're out a G for sure (towing+impound) and you'll never be able to get that money back. Also he could be a scripter in which case he'll write a very nice story for his court appearance and the disclosure package.

If he's stupid enough to be honest about it, the manner in which you have been caught could possibly put enough holes in Crown's case to get you off.

For this sort of a case, your best bet is to hire a proper lawyer. (S)He will take care of the case for you and hopefully make the rest of your problems disappear.

FiReSTaRT wrote:

On a bad note, you're out a G for sure (towing+impound) and you'll never be able to get that money back. Also he could be a scripter in which case he'll write a very nice story for his court appearance and the disclosure package.

If he's stupid enough to be honest about it, the manner in which you have been caught could possibly put enough holes in Crown's case to get you off.

For this sort of a case, your best bet is to hire a proper lawyer. (S)He will take care of the case for you and hopefully make the rest of your problems disappear.

X2.....sorry about your luck

so basically if he comes up with a good enough STORY im screwed???

what ever happened to us needing proof beyond a shadowable doubt??not just a story from some pissed off cop??

FiReSTaRT wrote:

For this sort of a case, your best bet is to hire a proper lawyer.

I would not do that.....get a paralegal.....rarely are actual lawyers in traffic court (to what I have seen) and most lawyers "sub" out the work to a paralegal. Paralegals are there all the time, are up to date on cases etc......unless of course you can find a lawyer specific for traffic.

JDMTWINTURBO wrote:

so basically if he comes up with a good enough STORY im screwed???

what ever happened to us needing proof beyond a shadowable doubt??not just a story from some pissed off cop??

The Liberals happened.

Even before them, in court, the constable's story is usually held as gospel. Your only chance would be to have solid proof (either in self-contradiction or solid evidence) to win a case on anything other than a technicality. Having zero standards (other than political connections) for JP's doesn't help the overall state of the system.

I'll re-iterate your need for a lawyer that specialises in major offences, while operating a motor vehicle. It will run you about as much as the fine, but at least you won't have a 172 conviction on your record, which can kill your insurance rates.

I have seen actual lawyers handle major cases in court and make the Crown prosecutors dance around in circle (both cases I was a witness).

With that being said, most constables are on the level. It really sucks that you got one that's either a natural a-hole or on a really bad day. That's the biggest issue with bill 203. Whatever happens, you're out of a good amount of money.

Write down EVERYTHING you can remember about the whole day. The officer is going to have to pick a sub-section to nail you on. Since he was in his civilian vehicle it wasn't speed..........and waiting for you it had to be more then spinning your tires

i am going to write down everything about the whole day. i just cant wrap my head around this. its not like im some young punk kid...i am 34 and i have a clean record( worst ticket before was for 14km over). im not saying im perfect but who is? and i know for a fact that i wasnt spinning my tires because i had just installed them the day before and tires for my car arent cheap. so i dont know what this cop saw but if it was something stupid or bad it wasnt me!!

this is just another reason for me to move out of this WONDERFUL country we live in. Welcome everyone to Communist Canada!!

new bit of news.....according to the radio today i was stopped for weaving in and out of traffic and endangering human life.....this is a total crock of *EDIT*. also found out that this same cop is giving out many high priced tickets in our area.

Sorry about your bad luck x 3!

Reflections and FiReSTaRT have already given you good advice so I'll just add my 2 cents. Whether you hire a paralegal or a lawyer, definitely get professional assistance with this one. If the situation was as you described it, there was no justification in seizing the vehicle. He lost sight of your vehicle, and I doubt that he identified you specifically as the offending driver when you were allegedly committing whatever act he stopped you for. He'll have to come up with more than just a good "story" to get a conviction. By the way, if you are opposed to this law, you can sign this petition right here (if you haven't already):

http://www.petitiononline.com/civil013/

Which city did this allegedly occur in, if you don't mind me asking?

You and your lawyer/paralegal will be able to get a disclosure package with all of the relevant information. This will include the officer's notes, which will indicate just how strong of a case they have against you. This offence is "strict liability" so you do have several more legitimate defences you can use than if it were a speeding ticket. In the mean time, there is a $150 reinstatement fee for your suspended licence. This ridiculous farce of a law has ensnared people as old as 85. One more thing: If the Crown drops the charge due to lack of evidence, I'd suggest filing a complaint.

http://www.timminspress.com/ArticleDisp ... ?e=1531721

heres the newspaper article !

Damn man, you're almost as famous as Bookm.....he was on Canada's Worst Driver.......Around here he's also referred to as "Foxworthy"....Hook up with a good paralegal.....I can't refer you to anyone as I live MUCH south of you.

no way bookm was on canada's worst driver.

Haha you gotta be kidding me did he have some of that beef Jerky to!!!

What season and episode number was it ill see if it is on the net and post it for you guys!

I wanna see hwybear on TV.

He should come to the GTA. Go on for one of those truck safety blitzes they have.

I bet i can see bear right now on Global News on the side of the 401 with his Tahoe and a tim Horton's trucked pulled over, as he discuses about hwysafety.

a few seconds later we see the camera shift and the driver is all tied up with a pile of doughnuts spilt on the road.

Sorry i just find the whole coffee shop thing and cops to funny.

One morning i was driving i saw 3 HSD officers pull into a timmy's at the start of a shift, priceless.

hwybear your in Carnage alley. Have you ever had a Tim Hortons, dunkin doughnuts, etc truck involved in some trouble?

I wonder if those tim Horton's drivers are always the poor bastards that get stopped for safety inspections

tdrive2 wrote:

I wonder if those tim Horton's drivers are always the poor bastards that get stopped for safety inspections

Only Beer Store trucks my friend

http://www.discoverycivilization.ca/sho ... 7&sid=1064

Haha omg i swear i was laughing so hard on this i started to choke and spit my water i was drinking all over the desk.

I think when i saw that picture and started reading i wanted to laugh so hard.

Haha is Cam Wooley in this one?

boy oh boy bookm sounds like trouble.

I bet hwybear cant wait to get his hands on him, that or get right behind in his cruiser with the lights on!!

The winner of the 2004 online NASCAR video game racing competition, Sean spends up to 5 hours per night racing online. He admits the techniques he perfects in his online racing influences the way he drives on the road. The line between online racing and real driving has become dangerously blurred.

Hometown: Stratford, ON

Occupation: Survey Draftsman

Age: 43

Nominator: his niece Melena, Retail Sales Associate, 19

Water Cooler Facts:

- He is extremely competitive and treats every stop sign as if it were the start of a NASCAR race.

- He has timed all the red lights in his hometown of Stratford, because he is obsessed with being first everywhere he goes.

- Believes it's safer at higher speeds than at a slower pace.

Main Issues:

- Speed

- Racing

Motivation for Improvement:

Sean is adamant that driving above the speed limit is safer because it keeps him ahead of all the bad drivers out there. We beg to differ and aim to prove his viewpoint wrong."

This is to funny

He is now famous to but by far bookm is the most famous.

I heard BelSti is having a party when Julian Fantino leaves the OPP

yeah....all the Timmy's jokes, heard them all.

truckers come in...you guys are always here your right the 3 cruisers and the 27 truck drivers

by law like everyone else we have to take breaks, so rather than sitting in the office, being hidden from public view.....we jump right front and centre and go to Tims. Then we are accessible for public to ask us questions, more mobile to respond to calls and show people we are human and need our "java" fix too!!

Haha you guys gotta watch episode 2 part 1.

"Were going 130 in an 80", "I know were passing everyone."

Haha i am watching it now you guys can watch it free on CTV online!!!.

http://watch.discoverychannel.ca/canada ... 2/#clip308

They got cam wooley on it to!

Edit: Oh boy in the second one Bookm gets told off by Cam Wooley himself!!! for driving to fast!

hwybear wrote:

yeah....all the Timmy's jokes, heard them all.

truckers come in...you guys are always here your right the 3 cruisers and the 27 truck drivers

by law like everyone else we have to take breaks, so rather than sitting in the office, being hidden from public view.....we jump right front and centre and go to Tims. Then we are accessible for public to ask us questions, more mobile to respond to calls and show people we are human and need our "java" fix too!!

Random question if you happen to see an officer on break at a coffee shop would they get upset or offended if you asked them questions lets say about the OHTA, they're opinion on it, their cars, jobs, technology, radar/lidar, etc?

There is a few tim hortons i go to and it is quite often to see HSD officers there. I usually see them in their car though taking a break would they get mad if they were parked and you asked or only if they were in the shop?

tdrive2 wrote:

I bet hwybear cant wait to get his hands on him, that or get right behind in his cruiser with the lights on!!

Naw... He knows Cam cured me!

3 more impoundments over the last week in my area. (2) speeding along an industrial corridor and (1) motorcycle poppin a wheely.

In your case, what pops to mind with my own experience is the fact that my closest friend, while growing up, looked an awful lot like me. We would frequently be mistaken by others, and in fact, my buddy even got in a bar fight once because some guy thought he was me. Since you weren't positively identified by your drivers license earlier, how can this officer now lay such a heavy charge later in the day.\

DEFINITELY a case for an experienced paralegal.

P.S. I vacation in New Liskeard. Beautiful area up there!

I did some winter field work in the Gowganda/Shining Tree area. I agree it's beautiful country. Great people too.

Now back to the topic.. This is a clear case as to why this is too much of a responsibility for a constable to decide on the side of the road. This issue should be decided in a court of law and I'm even iffy about JP's sitting in on it. In Sudbury, when one JP retired, he recommended his secretary for the job and she became the new JP.

tdrive2 wrote:

Random question if you happen to see an officer on break at a coffee shop would they get upset or offended if you asked them questions lets say about the OHTA, they're opinion on it, their cars, jobs, technology, radar/lidar, etc?

There is a few tim hortons i go to and it is quite often to see HSD officers there. I usually see them in their car though taking a break would they get mad if they were parked and you asked or only if they were in the shop?

we get asked all the time about stuff, it's almost a given, depends what we are doing in the car and location....I would just excuse myself if I was getting a call

i have 2 questions and i would like to know:

1

if someone was speeding and they werent stopped right away, can an officer stop them later in the day and give a ticket?

2

what is the noise rating that determines when you have a loud muffler??

you dont see them stopping Harley owners for noise and they are damn loud!!

JDMTWINTURBO wrote:

i have 2 questions and i would like to know:

1

if someone was speeding and they werent stopped right away, can an officer stop them later in the day and give a ticket?

2

what is the noise rating that determines when you have a loud muffler??

you dont see them stopping Harley owners for noise and they are damn loud!!

#1. Yes.

#2. Hogs are like that from the factory...blah, blah. Usually the officer would ding the offender with illegal equipment if say you had a muffler with no baffles.....I know same law, two ways of looking at it.

but , what if the speeder was not caught on radar??

You really don't want to risk a 172 conviction by relying solely on comments from members of a traffic forum (as knowledgeable as some of them are). I have no doubt that most of the members here sympathize with you and suspect the officer was somewhat out of line. But you're going to have to cough up the $400 or so to get solid advice and representation from a lawyer or traffic agent. There's no escaping it. I would never consider representing myself on such a serious charge. You'll have lots of time to relax and plan a defense. Be sure you plead not-guilty to both charges then seek legal council.

You can handle the Muffler charge yourself I'm sure. Be sure to motion for separate trials, if that isn't done by default. The officer is going to have to describe exactly what part of the section you violated. I would think he'll have to offer expert testimony as to the volume of your muffler (I'm assuming it is in good condition and not de-baffled"). I read a court win on a muffler charge somewhere. I'll see if I can dig it up.

75. (1) Every motor vehicle or motor assisted bicycle shall be equipped with a muffler in good working order and in constant operation to prevent excessive or unusual noise and excessive smoke, and no person shall use a muffler cut-out, straight exhaust, gutted muffler, hollywood muffler, by-pass or similar device upon a motor vehicle or motor assisted bicycle. R.S.O. 1990, c. H.8, s. 75 (1).

In this case, the constable has no admissible way to measure the offender's speed. Personal vehicles do not have calibrated speedometers and no radars/lidars.

i want to thank everyone on here. i am just looking for opinions to my case. i fully plan on hiring someone who specializes in this sort of thing. i am already working on my defense.(i have video and eye witnesses to my actions during that day). i would just like to get as much input and opinions as i can get. so , anything you guys might have encountered or experienced just let me know about it. these new laws are basically a crime against us!!

I found several threads on the muffler topic, but no one follows up with the results, LOL. Here's one thread that might offer a little info on the subject:

http://forum.neoncanada.com/index.php?showtopic=64742

It's possible the Crown might entertain an offer to plead guilty to the muffler if he drops the Racing. Doubt it, but might be worth trying.

I hope you keep us apprised of your situation. You'll get lots of great advice and personal opinions that just might make your adventure a little more tolerable... maybe not FUN, but tolerable

If you're not familiar with the Provincial Offenses system, be sure to read through Ticketcombats site.

www.ticketcombat.com

Bookm wrote:

I found several threads on the muffler topic, but no one follows up with the results, LOL. Here's one thread that might offer a little info on the subject:

now why promote others...when out site is good!!

http://www.ontariohighwaytrafficact.com ... ht=muffler