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Ontario Highway Traffic Act

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SECTION 172? HELP
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PostPosted: Wed Apr 01, 2009 12:16 pm 
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In order to be charged with "Stunt Driving" or act 172 under the H.T.A., does the summon ticket and/or disclosure have to state specifically that act 172 was violated? If the disclosure and ticket only specify the violation of act 128 and a speed limit of 50 greater, does this mean that the offender can only be charged with regular speeding? It would be very helpful if someone can answer my questions thank you.


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PostPosted: Wed Apr 01, 2009 12:36 pm 
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You can be speeding and be charged under s. 128 instead of 172. They are different charges. How do you tell the difference? Do you still have your vehicle?

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PostPosted: Wed Apr 01, 2009 6:38 pm 
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vehicle was not impounded and license was not suspended on the spot, only a court summon was issued. On the summon ticket it also states that it was out of the officers jurisdiction. So lets assume the offender pleads guilty with reason or talks to the prosecutor before the trial date ( the trial date is 8 months after the offense), where does the offender stand in accordance to the penalties?


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PostPosted: Wed Apr 01, 2009 7:55 pm 
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I'm confused. :? What speed were you allegedly doing and what was the speed limit at the time? If you were charged under s. 128 of the Highway Traffic Act, that's different than 172, and different penalties. If you were charged with stunt driving (section 172), you were looking at the immediate loss of your car for 7 days, up to $10 000 in fines and a possible two-year licence suspension. Although most officers are not doing it, some are still using s. 128 of the Highway Traffic Act when they observe a vehicle travelling more than 50 km/h over the speed limit, so that way the person still gets a court summons and a fine, but they don't lose their car on the spot or get the licence suspended.

A 50+ over the limit under s. 128 means you're looking at 6 demerit points, a possible 30 day licence suspension (possible but not necessarily mandatory), and the fine will be set by the judge. Depending on how fast you were going, it will probably be in the $500-$700 range. Pleading guilty to more than 50 over the limit would still drive your insurance rates right through the stratosphere. It might be worthwhile offering to plead guilty to something less, such as 40 km/h over. A lot of insurance companies seem to regard the 45 km/h-50 km/h or more over-the-limit range as the "magic" threshold for raising your rates by as much as twofold.


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PostPosted: Thu Apr 02, 2009 12:53 am 
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Might I suggest OTT Legal....

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PostPosted: Thu Apr 02, 2009 11:50 am 
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Radar Identified thank you, your reply helped a lot. The charge was 55 over the limit which was 100 km/h. Is it still possible to get the demerit points reduced from six by pleading guilty to 40 km/h over? Does that option exist for this situation? I know I should probably be getting a consultation by a traffic law firm, but this is the first ticket or offense in general that I ever received and needed some clarification.


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PostPosted: Thu Apr 02, 2009 1:00 pm 
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I know I should probably be getting a consultation by a traffic law firm


I would......by the way
50overTokeMyWifeAndKids

I know you can't smoke around kids but I didn't you could roll them...
:D

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PostPosted: Thu Apr 02, 2009 11:14 pm 
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So you were charged with going 155 km/h in a 100 km/h zone, correct? The officer saved you an immediate licence suspension and vehicle impoundment by using the "old" method. Not saying you're guilty or anything, just that so many vehicles have been seized under 172 that it's good to hear that some officers are still using s. 128 for speeding offences, particularly 50-over.

Now to answer your question. The demerit points only apply to something you were convicted of or plead guilty to. So if you plead down to 40 km/h over, then you're looking at 4 demerit points as opposed to 6. The option to plead down should be available, depending on the Prosecutor. I have heard that they have been directed to not accept plea bargains for section 172 charges, but that is not the case for section 128. You were charged under section 128. Nonetheless, due to the nature of the charge, I'd recommend seeking a paralegal.


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