Need help with this stunt driving charge

Tie-007
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Need help with this stunt driving charge

by: Tie-007 on
Sun Apr 03, 2016 5:15 pm

What happened: I was driving home from school in my car (85 trans am) and i was following 2 buses on a long straight stretch (60 zone) with a broken line for passing. I was doing 60 and so were the buses but an 80 zone was up ahead so i pulled out and started passing them doing between 60-70 and when we entered the 80 zone sped up to 80-90. When i had gotten to the drivers window of the lead bus the broken line turned solid and i knew i had to get out of the lane because the passing line ended. After getting just ahead of the bus a car appeared over the hill in front of me in the same lane (it was a ways away tho) and i panicked and hit the brakes locking the tires (leaving skid marks on the road). I was able to keep control of the car and get back to my lane with plenty of distance between me an all the traffic ahead or behind me (in both lanes).

Police involvement: later the same night a police officer came to my house and said that the bus driver called in and reported me (I don't know what exactly what he reported). I told him my side of the story (the above recount) as i wanted to stay honest with him. The officer said that I may be charged with stunt driving and that he would get back to me on Monday to let me know if the bus driver wanted to make a statement.

The question: A) I didn't violate anything that is covered in the stunt driving act (unless something in the above recount does fall under it and i just didn't think it did) so I don't know how i can be charged with it
B) There were no police officers present at all its just his word that they would be using as basis to charge me. is that really all it would take to charge me???

I also want to state that i'm 18 and hold a valid g2. I was not speeding at all (my car picks up speed very fast tho so while the buses were just starting to creep up from 60 to 80 i was already going 80) so it may have seemed like i was. I was not racing revving my car etc... or trying to show off (i'm have transmission issues when down shifting so i didn't want to be stopping and starting for half an hour possibly damaging my transmission) so that's why i passed. I also live out in the country near Kingston (in case that matters at all).

Sorry for it being long i just wanted to make sure that you all got the full picture. Thanks - Tie




argyll
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by: argyll on
Mon Apr 04, 2016 2:10 am

From your report it doesn't sound like stunting applies. I do question your report though. The buses were doing 60 and you pulled out yo overtake and we're doing between 60-70 ? I call bullshit especially in a car that you admit has fast pick up.

I suspect you are going to get a warning although the bus driver may go ahead with a statement that justifies a Careless charge. Locking up your brakes while alongside another vehicle is not good driving.
Former Ontario Police Officer. Advice will become less relevant as the time goes by !


Tie-007
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by: Tie-007 on
Mon Apr 04, 2016 7:59 am

Argyll no i never speed in my car and know for sure i was only doing 60 and when i pulled out i stayed within that 60-70 range for the 50ish feet it was to the 80 zone. As for the brakes i was ahead of the bus just not a safe distance to get back in yet and i panicked and hit the brakes. Like i said tho i kept full control of my car and got back into my lane afterwards. Does the simple fact of my brakes locking up really make it automatic careless driving? Thanks-Tie




Tie-007
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by: Tie-007 on
Tue Apr 05, 2016 12:59 am

argyll i would beg to differ with skidding meaning you don't have control of your car (especially if the skid marks are completely straight) but i do thank you for your input on the matter. It helped me reinforce my opinion on not breaking the stunt act. Thanks-Tie


LWPS
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by: LWPS on
Sun Apr 10, 2016 12:43 am

Although it is more serious, one has to remember that unlike most speeding charges (those under section 128 of the HTA) which are "absolute liability" offences, a charge of stunt driving (section 172 of the HTA) is a "strict liability" offence, meaning you've got more leeway to challenge it.

Nonetheless, you definitely want to retain legal assistance as soon as possible on this type of charge as it is very serious. As you live out near Kingston, I would recommend calling Pamela Sero-Thompson of CAJ Paralegal Services (they are based out of Shannonville) and they should be able to help you.

Good luck!
***NOTHING IN MY POSTS, INCLUDING THIS ONE, SHOULD BE CONSTRUED TO BE LEGAL ADVICE***


gbs
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by: gbs on
Sun Apr 10, 2016 1:16 pm

Tie-007 wrote:What happened: I was driving home from school in my car (85 trans am) and i was following 2 buses on a long straight stretch (60 zone) with a broken line for passing. I was doing 60 and so were the buses but an 80 zone was up ahead so i pulled out and started passing them doing between 60-70 and when we entered the 80 zone sped up to 80-90. When i had gotten to the drivers window of the lead bus the broken line turned solid and i knew i had to get out of the lane because the passing line ended. After getting just ahead of the bus a car appeared over the hill in front of me in the same lane (it was a ways away tho) and i panicked and hit the brakes locking the tires (leaving skid marks on the road). I was able to keep control of the car and get back to my lane with plenty of distance between me an all the traffic ahead or behind me (in both lanes).

Police involvement: later the same night a police officer came to my house and said that the bus driver called in and reported me (I don't know what exactly what he reported). I told him my side of the story (the above recount) as i wanted to stay honest with him. The officer said that I may be charged with stunt driving and that he would get back to me on Monday to let me know if the bus driver wanted to make a statement.

The question: A) I didn't violate anything that is covered in the stunt driving act (unless something in the above recount does fall under it and i just didn't think it did) so I don't know how i can be charged with it
B) There were no police officers present at all its just his word that they would be using as basis to charge me. is that really all it would take to charge me???

I also want to state that i'm 18 and hold a valid g2. I was not speeding at all (my car picks up speed very fast tho so while the buses were just starting to creep up from 60 to 80 i was already going 80) so it may have seemed like i was. I was not racing revving my car etc... or trying to show off (i'm have transmission issues when down shifting so i didn't want to be stopping and starting for half an hour possibly damaging my transmission) so that's why i passed. I also live out in the country near Kingston (in case that matters at all).

Sorry for it being long i just wanted to make sure that you all got the full picture. Thanks - Tie

From reading this ... my guess is the bus drivers perspective is: You attempted to pass two buses, without being able to see far enough ahead to do so safely, as a result you had to stop/slow down in an extreme manner to avoid collision.

Doesn't seem like stunt would be part of this ... unsafe passing sure. If you were just a little ways away from an 80 zone, where the buses may separate enough to be able to pass one at a time, if could be referred to as aggressive driving, and perhaps stunt in that scenario. Stunt driving is becoming a catch all category for everything now. Passing two buses at a time is not going to look good. The fact that you're driving a trans am, doesn't look good either ... that shouldn't matter, but I bet it affects opinions.


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