Criminal Code Section 39 re impounding of Car

tdrive2
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Unread post by tdrive2 »

If 172 gets removed does this mean 50 over the speed limit would essentially be removed and the fines or punishment for 49 over would apply to this?

Would this also mean 4 demerit points for the 30 to 49 over would now apply for 50 over?


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Unread post by BelSlySTi »

tdrive2 wrote:Ya no kidding i dont get where People like Fantino seem to think they are over the laws and rights of this own country.

However abuses power like that sure as hell does not belong to be the OPP cheif.
Don't worry about him, his day is coming in more ways then one!
and he knows he's trouble!

http://www.cbc.ca/canada/toronto/story/ ... alcomments
tdrive2 wrote:What i am really curious about is once this law is found to be unjust what happens to all those people who got ripped off ?

I cant wait the day this law is found unjust.
From what Mr. Newell has told me, after meeting with a Constitutional Lawyer
The bottom line is this challenge would run into six figures if it were handled professionally by a lawyer. If we won, it would be appealed and if we won again, the province would have leave to appeal to the Supreme Court of Canada.

Allan said the Ontario Government would take the challenge very seriously and take every step to ensure they won.

He also said that a law is the law until it is repealed. But there is no option for giving anyone their money back if the law is struck down. To do so would promote (legal) chaos he said.
When I stated that I believed the law was passed fraudulently, he dismissed that at the outset but the more he heard, the less dismissive he became. He was clearly interested in that aspect of the case despite its seeming inadmissiblitiy
John has a great book out on the STREET RACING LEGISLATION
Canadian ISBN # 978-0-9810028-0-4
If anyone in the GTA wishes borrow a copy to read, PM me!
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Reflections
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Unread post by Reflections »

tdrive2 wrote:If 172 gets removed does this mean 50 over the speed limit would essentially be removed and the fines or punishment for 49 over would apply to this?

Would this also mean 4 demerit points for the 30 to 49 over would now apply for 50 over?
I believe there are fines for up to 59 over. 60 over automatically got you an appointment with the robed ones and you had to explain why you still needed your license. Correct me if I'm wrong anyone.
http://www.OHTA.ca OR http://www.OntarioTrafficAct.com


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racer
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Unread post by racer »

128.13(3) already provides ample penalties for exceeding the speed limit by over 50 km/hr. 6 points, plus hefty fine, plus massive insurance increase, but no roadside license suspension nor towing the car. Good ol' law that's been replaced by a bad new one.
"The more laws, the less justice" - Marcus Tullius Cicero
"The hardest thing to explain is the obvious"

www.OHTA.ca & www.OntarioHighwayTrafficAct.com


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hwybear
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Unread post by hwybear »

tdrive2 wrote: In fact this law lets the real street racers off the ones who should be charged with careless driving, this stunt racing law lets them off easier!.
How do you figure that?
Careless = $325 and 6 points
172 = $2000 and 6 points
Above is merely a suggestion/thought and in no way constitutes legal advice or views of my employer. www.OHTA.ca


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Radar Identified
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Unread post by Radar Identified »

I think he meant dangerous driving.


tdrive2
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Unread post by tdrive2 »

Correct i got the two confused. Thanks reflections.

What is happening with this unconstitutional law is there any active court cases?


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Reflections
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Unread post by Reflections »

hwybear wrote:
tdrive2 wrote: In fact this law lets the real street racers off the ones who should be charged with careless driving, this stunt racing law lets them off easier!.
How do you figure that?
Careless = $325 and 6 points
172 = $2000 and 6 points
OK, give the "racers" 2 charges, Careless and Dangerous. Dangerous is not that hard to prove. We can change the fine structure to suit. For that charge I will support a licence suspension....
http://www.OHTA.ca OR http://www.OntarioTrafficAct.com


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Squishy
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Unread post by Squishy »

Don't we have something against laying two charges for the same offense? Or is that just in the States?
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Reflections
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Unread post by Reflections »

Squishy wrote:Don't we have something against laying two charges for the same offense? Or is that just in the States?
But there are two offences. One is speeding the other is racing.

If you line up side by side with someone else and proceed to try and beat them to a specific spot that's Dangerous. If you try really hard, i.e. exceeding the speed limit by 50KPH, that would be careless. I would then agree that an officer could take away the drivers' license, but not the car. Slap the dumbdumb ricer, um, I mean racer with 2 charges and watch the occurences of real street racing drop. Just doing 50 over is not racing.
http://www.OHTA.ca OR http://www.OntarioTrafficAct.com


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