|
|
|
Got caught going 166 km/h on highway. Need help!
- Thread starter Zangief
- Start date
Everything? Including your own transgressions?
Or this one closer to home in more than one way:
The arguments fall apart quickly enough.
That impaired person that you speak of as being "impaired" at the time of stop is given 90 days of pretrial suspension in which to sober up. How many people do you know who require 90 days to sober up from even a serious bender? Clearly they should be sober enough to be permitted to drive after no more than 12 or 24 hours, yet the 90 days is the measure in place.
The vehicle operated by the driver under ban could actually be owned by another person, but the mandatory 45-day impound remains in effect for that vehicle's owner even if that owner had an impeccable personal driving record had not personally committed any another offence, or shown any obvious disdain for the legal process.
Despite those counterarguments, the higher courts still did not see fit to overturn Ontario's or any other province's traffic laws pertaining to roadside administrative license suspensions or vehicle impoundments, and they've had some twenty or more years to do it.
In the case of dealing with extreme speeders and other forms of stunting or street racing, I think if need be the government can easily enough argue the greater benefit to society in legislating a strong deterrent against such driving.
Last edited:
When turbo is talking about "extreme speeders, street racers and stunters," I remember when Fantino was rubbing his fat little hands and saying "This works so well, we should have made it 30 instead of 50" (paraphrasing).. Imagine if he got his wish.. What would have been next? 25? 20? 15? What determines it being "extreme?" Doing 20 over the limit under some circumstances can be a hell of a lot dangerous than doing 80 over the limit under others. Then you have that poor bastard who made a lane change to make a pass and another 2 to get back into the right lane.. Was he weaving? :shock:
Am I correct that you mean Crown Attorney? DA's are American.
Yes. Sorry, I don't normally have to deal with them.
For the OP. I would not post anything on here that could be used against you, and would consult an expert in the field. Even thought you have already been punished, there is still a very serious charge outstanding against you.
It's a huge breach of the fundamental principle of innocent until proven guilty. It's essentially the dawn of the new Nazi SS! No, it's not so bad now, but either was the Nazi SS in the beginning. It's always done in the name of the greater good. History repeats itself time and time again.
Last edited:
Thats kinda how I'm feeling right now, even if I can 100% prove that I wasn't going that fast I'm still out 750 for towing! It even says explicitly on the ticket if I am found not guilty I still don't get the tow fees back! Ughhhh, this is a major pain in the *****! As someone else said, I'm out a minimum of $750 even if the charge gets completely scrapped. It certainly does feel like this is a case of "guilty until proven innocent"
She was given a lenient sentence so she would rat out on Bernardo because, as usual, the cops were too lazy to investigate and wanted an easy way out to convict someone. As it turned out later, after a proper investigation, it showed Homolka was the worse of the 2 ( she killed her sister!!) but the deal was already done. So lazy *** cops, once again screw up and you are here to defend them with your lame BS arguments. And Paul, the filters aren't working, as I have this dickwad on my ignore list, but it still showed.
Jonnie
Well-known member
You should be glad if you can get away with $750 out of your pocket and all charges dropped. It's a costly lesson, but it's better than facing the repercussions of a charge.
You were doing 140 km/h, confirmed by yourself, where the posted legal limit is 100 km/h. You were speeding no matter how you spin it. Best thing to do is to lawyer up and get some professional advice.
When charged with speeding, you are either guilty of speeding or not guilty of speeding. The amount over the limit is merely there to set the fine. 1km over, or 49km over, it is simply speeding. Once you pass the 50km/h threshold, the charge changes. It is no longer speeding. When the crown does a plea bargin, the charge changes. It is not a lesser variation, it is a completely different charge.
Right now, I would be ecstatic if thats all that happened, and yup, your right, 140 is still speeding, but the thing that sucks is that if I was caught going 140 I would not have been impounded, wouldnt have to pay 750, wouldn't have to go to court, and just have paid 350 for the ticket, now, because the cop says 166, things get a little stickier and complicated.
I know whats done is done, but I can't help feeling a little cheated and helpless by this whole thing. Especially reading some of the comments on here like pointing out inconsistencies in the court system and unfair charges, its seems ludicrous that a 3 year portion of my future is going to be determined by whether or not the prosecution is in a good mood or not.
I have already had to drop a summer course to pick up extra shifts at work for the towing charges...
Lol! 40kph over is a much lesser charge than 66kph over - you make it sound like there's no difference. But I'd have to agree - get a lawyer. I'm still not convinced that a cop can pace you with a 17kph precision at 166kph in 2km. Car speedometers also lack precision to a certain degree. I don't believe you can take your eyes off the car you're pacing, even momentarily, to look at your gauges and maintain that original pace to any reasonable degree of accuracy. Was it dawn, dusk or night-time? That could also be an aggravating factor in maintaining a constant pace.
Rules of the road are all "guilty until proven innocent." If I remember correctly, it's because foundationally committing a crime requires two things: actus reus (Guilty Act) and mens rea(Guilty Mind). Essentially, you need to think through your actions to commit a crime worthy of punishment.
However! HTA laws don't fall under that rule. HTA violations do not require mens rea. Which is why "I didn't know I was speeding" is not a defense.
If you think about it, the RIDE program (while an incredibly valuable program) is the penultimate guilty until proven innocent program. Police pull your car over, without cause, and then once you prove you have not committed the offense they are looking to charge you with, you get to go free.
Guilty until proven innocent means nothing on the road.
However! HTA laws don't fall under that rule. HTA violations do not require mens rea. Which is why "I didn't know I was speeding" is not a defense.
If you think about it, the RIDE program (while an incredibly valuable program) is the penultimate guilty until proven innocent program. Police pull your car over, without cause, and then once you prove you have not committed the offense they are looking to charge you with, you get to go free.
Guilty until proven innocent means nothing on the road.
I thought the name of this thread was "I got caught going 166 km/h on the highway, need help" not "someone give a 90's comedy that can help me reflect on my mistakes."
Great advice though, really...
It was night, around 9:40.
It wasn't the suggestion that was the problem, it was the cheeky *** comment that insinuated this is something of a regular occurance. I got caught in by an officer that guessed my speed, had no hope of changing his mind, gave me wrong info, and this is my first speeding ticket I've ever gotten, so anything that can help me to continually ride my motorcycle and car without paying 20,000 a year for insurance would be great. Thats what I'm looking for. Anyone know of any good lawyers that give free consultations?
|
|
|
|
|