Wed Sep. 09 2009 4:20:38 PM
Ont. to appeal ruling making part of street racing law unconstitutional
The Canadian Press
An potentially fatal crash is being blamed on street racing in Toronto on Tuesday, April 1, 2008.
TORONTO — An Ontario street racing law hailed as the country's harshest could be in limbo after a judge ruled a section of the legislation is unconstitutional because it can impose jail time even though the speeder can't defend against the charges.
Judge G.J. Griffin of the Ontario Court of Justice in Napanee, Ont., overturned the conviction of a woman clocked at more than 50 kilometres per hour over the limit because the way stunt driving is classified means once the offence is proven by facts, it cannot be defended.
Jane Raham, 62, was pulled over for speeding on her way back to Oakville, Ont., just west of Toronto, after driving to Kanata, Ont., to see her daughter who had just had twins.
Raham had testified she had sped up to pass a tractor trailer, which she had always been afraid of, when she was clocked going 131 kilometres an hour in an 80-kilometre zone.
"If one were to describe a stunt driver, the appellant would not immediately spring to mind," the judge wrote in his ruling last Friday.
The justice of the peace in her case, he said, "did not turn his mind to the appellant's testimony about why she was driving the way she was driving, and whether her evidence gave rise to a due diligence defence, as he proceeded on the basis that this was an absolute liability offence, although he called it a strict liability offence."
Street racers will still be charged under the stunt racing laws, but it will be now unconstitutional to convict someone on excessive speed alone unless the judge's ruling is successfully appealed.
Attorney General Chris Bentley said the province will appeal the decision and doesn't believe the law goes against the Charter of Rights and Freedoms.
"From time to time you get decisions that are ones that you wish to appeal, and we'll be seeking leave to appeal this one," he said, calling the legislation an important public safety initiative.
"It's important that people understand that in the meantime, the provisions are still in effect and the police can still lay charges," Bentley said.
The stiffer fines and automatic suspensions of driver's licences were ushered in 2007 by former attorney general Michael Bryant, who has since left the government and is facing charges after a highly publicized incident that claimed the life of a bicycle courier.
Under the law, minimum fines for street racers are $2,000, with a maximum of $10,000, and up to six months in jail -- a penalty Ontario said at the time was the highest in Canada for street racing.
The law requires no criminal intent when speeding is 50 kilometres per hour over the speed limit, which places it under the category of "absolutely liability" under law and essentially makes a conviction automatic.
Toronto lawyer James Morton said he was surprised by the decision and believes it will come as a blow to cases currently before the courts.
"There's really two options: it may be that the prosecution's going to say the decision is being appealed and they'd like to have the charge adjourned until after the appeal is dealt with," Morton said.
"That can increase delay and the charges may get thrown out because of delay. It's certainly going to lead to a lot of these cases being thrown out completely."
Like Bentley, Ontario Provincial Police Sgt. Dave Woodford warned drivers not to take any liberties because of the ruling, noting police can still seize vehicles and licences.
In his ruling, Griffin didn't take issue with the vehicle seizures or licence suspensions but rather the jail time involved in a conviction.
"If they want to lose their vehicle and their licence for seven days, then go ahead," said Woodford.
"If they're caught driving and they don't have a licence, the second offence, now they're charged with driving under suspension."
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Comments are now closed for this story
September 09, 2009 at 2:36:57 PM
Gio - looking in my mirrors and Hands-Free...
'Morally blameless' ? If you don't know you are speeding then you are a careless driver. Seems quite clear to me...obviously not to some lawyer with time to waste and more clients to gouge and hoodwink with promises of getting their offences cancelled....
The lawyer interviewed by the media today defended his client ( a lady from Toronto caught speeding on the 401 East of the GTA ) I would like to hear the excuse from that lady for her speeding...
1 - Putting on make-up ?
2 - Drinking her skinny-latte ?
3 - On a 'really important' 'phone call ? ( If that is so, I hope she remembers to help herself out by saying she didn't have the 'phone in her hand...lol...)
There are speed limit signs posted ALL ALONG our Highways for all drivers to see - therefore there is no excuse.
( Going towards Eastern Ontario the signs are even more prominent, showing the fines for speeding too !! )
Too many drivers do everything EXCEPT concentrate on driving and endanger everyone elses life.
I really sympathize with the Police & OPP for having to try and enforce the new laws regarding Cell 'phone use...It seems like in every second car the driver is on the 'phone ! How are you supposed to enforce the law ? I think the only way would be to pull over groups of cars.....
The government is to blame for not bringing these new laws in years ago...a little too late now when everyone has a 'phone....
Anyway back to the speeding - 50km / hr over the limit....it means some of these idiots are clocked at over 150km / hr on the highway....and close to 100km / hr on secondary roads !!!
There is no excuse for this....!!
Fine and ban them all !
September 09, 2009 at 2:47:54 PM
100kms is a joke
It’s evident that there needs to be regulations in place for those who excessively speed. Going 50kms over the speed limit and doing so in a dangerous manner that endangers others requires a penalty. That being said, I find it absurd that the legal speed limit on most of the Highway's in the province is still only 100kms/hour and this needs to be reviewed.
Going 100kms/hr these days on any 400 series highway is considered to be slow. I can safely say that I've witnessed the flow of traffic above and beyond 100kms/hr on a consistent basis. In addition, the capability of most modern vehicles allows for safe operation above and beyond the legal speed limit. 150kms 'sounds' astronomical, but in the grand scheme of things, it's very much a few kms/hr above what the flow of traffic warrants in many instances.
September 09, 2009 at 2:52:52 PM
Vicky
unconstitutional... these low lives harm innocent people and cause massive accidents and its call unconstitutional... typical, our system is softer and softer... no wonder so many people are killing eachother, murduring and other disgusting things are happening more and more in our society... its disgusting.
September 09, 2009 at 3:31:23 PM
simon
Best piece of news I have read in the last 2 years.
September 09, 2009 at 4:02:32 PM
gheghe
ain't life in Canada funyy ? you can do whatever you want with no punishment. one good law if exists it should be scrapped.
September 09, 2009 at 4:10:57 PM
Stu Henson
I guess my definition of "morally blameless" is just a tad different from that of the esteemed judge. Can't really say I'm surprised though; A judge going easy on somebody breaking the law, giving a whole new definition to "slap on the wrist". What a shocker.....
September 09, 2009 at 4:50:46 PM
Vikki
Lucky for you that you are so perfect. Read the article for the "excuse" - passing a truck. Wait till the day you get distracted or caught in a speed trap. Would love to be there for that! It would be nice if police resources were spent catching the real criminals instead of grandma's! Adequate laws were already in plce.
September 09, 2009 at 5:00:10 PM
Mike
street racing law is indeed unconstitutional, it gives way too much power to police and takes away our freedoms and rights to fair trials.
Get rid of this oppressive law I say.
September 09, 2009 at 5:03:30 PM
DriveCare, Toronto
Speeding should be viewed with other factors, not just the speed.
I hate those police officers trapping speeders on a Sunday morning at 7:00 a.m. in a 60 km zone, when there are no cars in sight, except the police vehicle. Do they serve to keep our freeway safe or do they just use our highway for licensed robbery?
On the other hand, it is not unusual on a Friday afternoon at 5 p.m. someone driving north bound on Don Valley, yes within 90 km/hr, but zigzagging through traffic. Oh, btw, talking on the phone too. Where are the police when you want them?
If the police is genuinely concerned with safety, patrol the highway when there are lots of people using them and catch those "bad" guys!
September 09, 2009 at 5:04:05 PM
jojo
Finally some reason to this madness! So all you sheep that agree with this unconstitutional/draconian "law" are willing to go on record that you are ok with being at the mercy of any cop on the road who(at his own discretion)can just deem you guilty of whatever he thinks of at that time and take away your vehicle, your license & ruin your insurance premiums for the rest of your life ? Ever been to traffic court ? Try documenting how many charges have been literally laughed outta court because the cop was WRONG ! Now go apply this to your beloved street/stunt driving law and see how stupid it sounds. Too much ambiguity, too much power on LEO's. Focus on cell phone users instead...they cause more havoc.
September 09, 2009 at 5:37:46 PM
Colin
It's about time , this law is being abused by police on regular basis. First it was "racing law" , then they quietly slipped in the 50 km/h portion and the stunt driving portion. The limit needs to be raised and the gawkers and slack jaws removed from the streets...
September 09, 2009 at 5:50:42 PM
Paul
Its about time someone came to their right mind, the Police have NO right to be judge, jury and excursionist.If i were speed 50 over I will lose my car and fined automatically?? Who is policing the police?? Throw this law out and let the accused have their day in court, not at the side of the road.
September 09, 2009 at 6:09:10 PM
Lynn Simpson
Where is everybody going in such a hurry?????????????
September 09, 2009 at 6:57:51 PM
moondoggie
Nonsense....Your speeding...radar has nailed you.Who are trying to kid.Do you honestly think that you have some kind of "rite of passage"to the empire.Be adult..take your time..get there safe.Your hands were caught in the cookie jar!
September 09, 2009 at 7:03:44 PM
Jason Hunter
There is no justification for doing 151km even if you are trying to pass a transport truck. Period.
September 09, 2009 at 7:20:49 PM
gera
definitely the best news i've read in years, lightened up my day. this law in my mind is absolutely ridiculous.
here is 2 quotes from a famous website
"Deliberately setting the speed limit too low, and then sending out cops to sneak behind motorists is highway robbery disguised as traffic safety enforcement... [in a traffic court] the robber is the plaintiff and the victim is the accused..."
"Breaking the laws of speed limit doesn't kill, breaking the laws of physics does."
September 09, 2009 at 7:28:34 PM
imri
why this is not a problem in germany to anybody? improve our freeways instead ripping off people.
September 09, 2009 at 8:16:45 PM
It's about freakin' time!!!!
It's about freakin' time!!!! This BS law need to be scrapped and do it now!!
How dare you steal my car from me and ransom it back to me just because I'm going with the flow of traffic!!
I've been driving for over 20 years. I know how to go fast and do it safely. I know when to slow down. I don't zig zag in and out of traffic. I know what my car and myself are capable of. I do not talk on the cell phone while driving and I pay attention to the road. Driving is an art form and I'm pretty good with a steering wheel.
How can they call 50km/h over "Street Racing" that's BS! It takes two (or more ) to race.
No appeal to the "law" is called a dictatorship. What? They want a police state? I thought this was a free country? To paraphrase a famous saying "Give 'em 2.54cm and they'll take 1.6km."
This "law" needs to go away and go it must!
September 09, 2009 at 8:51:37 PM
SimpleSoldier
The people have spoken and to me it looks as if the people have won no nation or government is more powerful then there citizens this law has got to go
September 09, 2009 at 9:33:57 PM
Scott
To those of you who think 150 km/h is fast, I can only assume you've never driven in Europe. Why do people get so caught up with numbers? It's not speed that kills it's POOR DRIVING. You can die in an accident doing 80km/h just as easily. As someone above mentioned, you can do 90 on the DVP and still be a terror-on-wheels. Why punish people who drive completely safely at 150 and there are no other cars on the road?
September 09, 2009 at 9:55:49 PM
UntilTheReaperGreetsYa
There was a life sentence handed down today for a habitual drunk driver.That's one psychopath taken care of. For all the speeders who feel that this "unconstitutional" law should be scrapped, I hope that you never get the call from the police stating your love one was MURDERED by some IDIOT going just a "little" over the speed limit. And then I'll laugh when the person is handed a suspended sentence because this unconstitutional law was scrapped.
September 09, 2009 at 10:51:04 PM
Marc
The Canadian Charter of Rights and Freedoms is killing this country.
It gives lawyers an opportunity to find reasons why criminals should not be considered criminals; it circumvents the intent of laws passed by parliament, and gives bleeding-heart judges an opportunity to hug-a thug.
The street racing law works and it allows the police to do their job. The court system doesn't support them, this law at least gives them a fighting chance to make our roads safer. Police need more power to do their job and keep us all safe. And for those who don't support the law, slow down and you won't have to worry about it.
September 10, 2009 at 12:43:35 AM
driver2driver
It sounds like she was being impatient most likely.If she was on highway 7 doing that then I can see why they pulled her over. Better known as suicide 7.Too many people have died on the highways just because someone had to speed.No doubt shes just another princess on the roads.It shouldnt take that much to pass a truck. maybe there should be a speed limiter put on her car.they should call it dangerous driving as well not stunt racing. Give demerit points, seize the vehicle, asses fines towards driver etc. JUST DONT SPEED PLAIN AND SIMPLE
September 10, 2009 at 10:07:05 AM
Gio - with another car attached to my bumper...!
'Fair Trials', 'Freedom'.....All you want is to speed and not be caught and fined.....some ridiculous comments.
Do you want this country to become a 'free for all' with no laws ? What are we, 3rd world ?!
The Radar doesn't lie...you were speeding...accept it. Have some respect for fellow citizens and drivers, you do not own the roads.
It's funny that some of you quote European countries' laws and speed limits. ( I obtained my License in Europe with a REAL driving test....and it HAD TO BE driving a car with a STANDARD gearbox...)
Cell 'phone use while driving is banned in all European countries...the majority of cars are STANDARD over there, not Automatics for monkeys like over here...I still see terrible driving over here yet you have no gears to change !! Straight, flat, wide roads and drivers here still struggle to control their vehicles properly.
The 'Passing lane' is terribly abused over here - no lane discipline is taught, with drivers dangerously 'underpassing'...in Europe you are taught to pass and move back over.
It's simple, even the Americans have signs on their roads...'Keep right except to pass'...if they can do it.....!!
Let's wait for the first snowfall to see how many of you 'forget' that you need to slow down. Learn to control your car and adapt to the conditions - basic driving skills !
September 10, 2009 at 10:19:09 AM
wrong law = wrong
Perhaps you need to stop and listen to FACTS
I have first hand experience with this law.
My crime, I was riding my motorcycle at the flow of traffic.
Read that again.
I WAS RIDING MY MOTORCYCLE AT THE FLOW OF TRAFFIC.
I was charged me with street racing for RIDING AT THE FLOW OF TRAFFIC
He also called me 'scum' because anyone who owns a sportbike is scum.
I am also young and should not be able to own/ride any motorcycle apparently even though I have worked hard and saved for it.
Mr. OPP claimed I was 'racing' – I still want to know who I was racing when it was on the 401 just before rush hour.
I had my license suspended, my bike damaged and towed away.
My case was tossed out and I have no recourse for any of this.
I had my insurance dropped because of the suspended license.
Before this I never had a speeding tickets, nor any points, traffic violations.
I was paying combined with my car $3,500 a year.
Now I pay over $4,000 just for my car.
I have yet to find an insurance company that will insure me for a motorcycle for less then $8,000
I lost $5,000 I had to pay even though I was not found guilty of anything.
I had to pay impound fee's nearing $3,000
And I have a damaged motorcycle I had to pay out of pocket to fix that is near $2,000.
+ my legal fees.
Understand this. I HAVE NO RECOURSE AT ALL. NONE ZERO ZILCH NADA.
I can not sue to get my money back.
I can not apply to get anything back
I can not do anything at all.
How is this fair?
September 10, 2009 at 10:30:45 AM
agentoperator
That Stunt Driving law along withe ADLS should be appealed.
Until one has had thier day in court; one has no license,vehicle and in some cases no job.
No one in the Judicial system picks up those costs!!
September 10, 2009 at 10:35:21 AM
Pegasus
I'm so sorry for you guys in On. i am a German resident going up and down between Can. Mississauga and Ger. i am really scared about your speeding Truck driver's driving over 100Km/h (here by law 80-85km/h) and People who have won their D-Licence in the Lottery and all the drivers (most of them who I have seen are Girls) 24/7 chatting on cell phone and no regulation what lane to drive and take over another car left or right side doesn’t matter with this rules and dangerus drivers there is no way for speeding cars you never know what the Girl holding her cell on her head or the old Indian/Chinese Lady/man who was driving bicycle there whole life in their Country and now is driving a big SUV, is doing in the next second. Here It will take you 3-5 months to get your D-licence and a lot of driving lessons/h to do and a very hard driving /writing test to pass. I do not see any change off speed limit in Canada On. Any time soon. All the speed lover's can come to Germany on vacation like the Japanese do right now.
September 10, 2009 at 10:38:52 AM
RRP
Its about time! This is one of the dumbest laws theyve created.
Come take my car and fine me before i have a chance to be tried in court. wheres are freedom? Since when did Ontario hand judge duties over to the police. What a bunch of stupid morons to allow this law to go through in the first place. Its ok to do 120 in calgary on the highway and their accidents are way lower then ours but slow us down give us tickets and take our cars. our vehicles are private property last time i checked. Change this law drop it dump it do anything to get rid of it. We are the most laughed at in all the world. They think WE cant drive!
September 10, 2009 at 10:41:51 AM
I live in the real world
QUOTE:
@
"driver2driver
..... maybe there should be a speed limiter put on her car.they should call it dangerous driving as well not stunt racing. Give demerit points, seize the vehicle, asses fines towards driver etc. JUST DONT SPEED PLAIN AND SIMPLE"
I guess you don't live in the real world where things aren't just black and white. We need the speed limit's raised. The anti car politician's need to be tuffed out on their ears along with the anti-car laws.
We don't need a police state on our roads.
People drive. Taxing us in the form on excessive fines and seizing our cars and inconveniencing us needs to stop.
This ridiculous proposal to have speed limiters on new cars needs to be stopped too. The auto industry will suffer for it and so will all of us. The only time a politician did something right for drives was when Mike Harris baned photo radar. Ours is a car based society. Why should we be penalized for driving?
It's easy to say "just don't speed" but in the real world that just doesn't work. It's not black or white.
September 10, 2009 at 10:44:51 AM
Chris
This lady is a $$#$% liar needing to go 131kmph passed a truck there are somethings called speed limiters in ALL trucks now which means they can;t go past 95kmph. Did she really need to go 131kmph to pass the truck????
Really people I'm not saying I like the fact the police are being too anal about this speed racing rule "especially around quota time" which should be more defined if the car is weaving in and around cars at high speeds then yeah throw the book at them and fine the crap outa them take their car away its the right thing to do. This lady was in the wrong and abused the system to get what she wanted and won. Lady you were going 50 over the limit if you didn't know you were speeding you are no different than those people eating cereal while driving, you should be applying for a $10000 loan to pay off that ticket. No offense to all the females out there but I find Girl's/Women abuse the system way to much to get outa stuff like this even if there is a huge amount of evidence proving they did it.
September 10, 2009 at 10:53:42 AM
Francis Zita
Regarding the comment that says "the capability of most modern vehicles allows for safe operation above and beyond the legal speed limit". Unfortunately majority of drivers out there do not have that capability. That alone makes them a danger to themselves and others when they operate their vehicles above the posted speed limit.
September 10, 2009 at 10:54:03 AM
Chris
Nobody's arguing that speeding 50 over isn't punishable. The argument is that being clocked doing 50 over instead of 49 over suddenly gives cops 10x more power than they had. Since when is transforming a traffic cop into a judge, jury and executioner suddenly "the right thing to do" ? Are people that much in a rush to have their right to a fair trail taken away from them?
Some of you folks really need to grow up. This unconstitutional law preys on your fears and insecurities and rewards you with a depletion of your rights. It's all fine when it's someone else (street racers) but as has been shown, it's actually non street racers that get caught (see 62 year old in the article). Lets not forget that this law came to be after a rash of street racing deaths a few years back. It's only a matter of time until something as simple as a parking ticket also becomes undefendable. Once the floodgate of Facism is opened, it's really hard to close. BE CAREFUL WHAT YOU WISH FOR!
September 10, 2009 at 10:58:09 AM
John Smith
In Canada the biggest jokers are the Judges who always take care of the criminal. What about any innocent victims and their families who suffered due to senseless speeding of some selfish lot. Dont they have rights too ?
September 10, 2009 at 11:15:25 AM
jojo
To all you sheep who think your simplistic solution is "just don't speed & you'll be fine", WAKE UP ! Any cop havin a bad day can take your car away for just looking at them the wrong way. Yes, this draconian law of yours empowers them to the nth level.Just remember folks,cops are not Gods, they are only human.Thus subject to the same human frailties & weaknesses.What's to stop a rookie cop in a bad mood from just charging u with Stunt driving simply because he felt like it? Your beloved street racing/stunt driving law gives any cop carte blanche and allows them to ruin your life just on a whim WITHOUT any proof or justification. Now do all of you (who pay their salaries)really want to give them that much power? Think long & hard !
September 10, 2009 at 11:16:09 AM
Toe
Some drivers are out of control and do need to be stopped and prevented from driving. The problem with the law is that it provides police with onerous power...even more than they usually have. Has everyone already forgotten about the Port Credit OPP officer charged in May with falsely charging drivers with street racing? This is too much power for police to have, not all of them can be trusted!
September 10, 2009 at 12:43:35 PM
Tristan
The problem is not the speed limit. The problem is that people don't know how to drive properly. Honestly there is a curb lane and a passing lane, and it bothers me so much to see people break this simple rule. Also as one already stated that it was in my written test, you either drive at the speed limit or the speed of traffic. The speed of traffic is always higher than the speed limit. And I have to say this but North Americans are wussies who need to be coddled by big brother state and told how to live, how to drive, how fast we can drive, etc... Germany has no speed limits but for some reason they have less accidents per year than we do... maybe because they know how to drive, properly.
September 10, 2009 at 12:47:25 PM
steve
Finally, I mean doesn't anyone see that yes this law is unconstitutional? Ya ok your speeding, and your hand is caught in the cookie jar, whatever, but you should have your rights as well. We all make mistakes, but what gets me is the focus that is put on driving too fast, and not enought on driving smart.
As well tell me how a youth carrying a gun would have less to worry about vs. a 62 year old lady that did 50km over the limit? The youth will not have to pay a rediculous fee, nor will they even have to worry about jail time for a first offence. But you do 50km over on the 400 at 3am and you should be put in the slammer?
Although I agree that a harsh penalty should be in place for things like street racing (which kills people) driving 50km over (which really is only 10km more then the flow of traffic anyways) is not always "street racing" but in the eyes of the law you should be put in jail?
Know your rights, as a driver and as a citizen, ya the police are there to help, but believe me if you don't know what you can and can't due, you will surely be taken advantage of.
September 10, 2009 at 1:07:22 PM
hamal
these laws are retarded and the only reason why people die on highways is because we don't have laws about passing lain, every time there is a person driving fast they are dangerous ? NO dummies its the person driving SLOW IN THE LEFT LAIN !!!! and the other people to pass them need to change the lain from left to right because someone chooses to drive under a 100 km / h in the left lain. If the left lain was open there would be no accidents on highways and no one would have to control how many people are speeding because it would be a FAST LAIN ????? you welcome CANADA DOYEEEE
September 10, 2009 at 2:03:52 PM
Zlatan Ibahimovic
Why was this law too unconstitutional for this "little old lady" but not for all the 20 something year olds that get slapped with this stunt driving charge all the time?
September 10, 2009 at 2:41:11 PM
Liz
too funny, yet if the story was she killed someone while speeding 90% of the comments here would be about how we need stiffer laws.
We don't want to punish those who speed because we don't want to be punished when we speed yet when speed kills (oh but only "bad drivers" get into accidents when they speed, so laughable, you are all really high on yourselves aren't you?) we are all up in arms because the police aren't doing their job. We really are never pleased are we?
So what's next? Because Johny can go 90 in a school zone without killing someone he shouldn't get in trouble? Because Sue has a fear of red cars she should get a pass for speeding past it? Or how about it's 3am and no one is on the road and Jimmy is sitting at a red light and decides to run it....guess we should give him a pass on that too because "no one was around".
Just remember this the day it does cause an accident and someone does end up dieing...oh but then you will claim it was a bad driver and speed had nothing to do with it.
Do you really think Germany is speed accident free? Keep smoking what your smoking buddy wouldn't want reality to bite you in the butt any time soon.
September 10, 2009 at 3:53:56 PM
Hamal
these people need to learn to stay in their welfare i have all the time in the world LAIN!!!!
And germany has less accidents than ontario alone
September 10, 2009 at 4:30:46 PM
steve
read wrong law = wrong
this is why we don't need this law. My friend had a very similar situation, and if you are young good luck. To the guy that posted she didn't need to due 131 to pass the truck, who is to say the truck was not duing 95, now how fast is it going to take you to pass him if you did 100km, only 20 over the limit, forever, and it is a two lane road. Use your head
September 10, 2009 at 4:40:27 PM
agentoperator
Those recently charged for this at least have a chance when they do go to court.
The JUDICIAL SYSTEM should look into that ADLS for 90 days along with the car impoundment.
Are any of these car impoundments run by relatives of the O.P.P.???
September 10, 2009 at 5:45:04 PM
Chris
The problem with this law is not the penalties - it's how it's enforced. A high fine, suspension, impound, all that's just fine.
It's solely up to the officer to hand out the penalty; there is no argument in the matter -- this is what the problem with this law is. Last year two of my friends we’re booked with under this law because the officer felt that they were street racing. What were they doing? They were simply accelerating from a light that turned green. They weren’t peeling off the line or anything of the nature, in fact they were able to prove that they only used 30% throttle to accelerate, not only this, they didn’t even break the speed limit! The case was thrown out of court, however this is after they both were left at the side of the road at 1am, their cars impounded, had to pay around $500 dollars each to get their cars out of the impound (which they will never see again), time off work to fight the charges, lawyer costs, and the cost of an engineer to verify how fast they were travelling and how much throttle was used. A lot of money was spent. What for? Too prove that they were innocent. Rather backwards.
While I think that the vast majority of police officer’s out there are doing an excellent job, everyone makes mistakes, but why should someone who has done nothing wrong have to pay the price before it’s been proven in court?
September 10, 2009 at 8:56:46 PM
Fellow
If killers can defend themselves and may be found inocent and don't face any punishment, how can a speeding driver get automatic jail time. I just don't understand the logic behind this law! My guess it is politically motivated to please a certain group.