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Ontario Highway Traffic Act

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charged with HTA172
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PostPosted: Thu Oct 01, 2009 2:45 am 
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Long story short, after 4 hours of driving in the traffic on the highway on a friday(with no food or a smoke all day). I got off the highway on an exit near my house. The road was straight, 2 lanes(both sides), on an descent and followed by an ascent, and no cars as far as the eye could see. A vehicle infront of me was going irritatinngly slow, which lead me to lose my temper and overtake him on a 60 road and i got tagged at 110....3 km from my home.

I'd like to know if it's possible to reduce the amount (I've read its from 2000-10 000$) , as i am a student and financialy challenged. I struggle to make ends meet, having this put on me is something out of a nightmare, but its a reality. Also I'd like to know if I am facing any jail time, and contacting a paralegal is a option I should opt for the long run considering the situation.


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PostPosted: Sun Oct 04, 2009 12:57 pm 
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If it was straightforward speeding 50-over, although considered stunt driving, jail time is not really a possibility. Actually a recent ruling from an appeal Justice in Napanee (Justice Griffin) ruled that speeding, even if it was 50 or more km/h over the limit, could not be considered stunt driving because it carries the possibility of imprisonment. (Well, that's sort of what he said, anyway.) The government is appealing it.

Speeding is an "absolute liability" offence, meaning if they prove that you committed the offence, you're guilty and the only defence you have is "defence of necessity," which means there was a serious (pretty much life-threatening) situation that required you to go that fast. Defence of necessity would not apply to your case, though. Absolute liability offences cannot have imprisonment, according to the Supreme Court of Canada.

Realistically, you're looking at a 15-60 day licence suspension and a fine of $2000. That's a lot of dough. Keep your receipts for the towing and impound fees, some Justices have requested to see them and have lowered the fines below $2000. One defendant that was convicted of stunt driving paid $45 in fines, but don't get your hopes up for that.

Contact a paralegal and get help through them. That's your best bet. Going it alone on this sort of charge, unless you are very experienced with Provincial Offences Courts, is very risky.


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