No, they have to give you the car back I think, unless it is highly modified for street use or something. The law is really vague on the impounding of the vehicle.

 

I don't believe so, no. And Lawyer's Spirit indicated no actual convictions have yet occurred - at least not for cases gone to trial - they're being plead down to other offences. I don't know if there may be a fine payment option, like with regular speeding tickets, where you can avoid trial by just paying the specified fine by a certain date - if so, no doubt some have done that and there would be convictions, but given the heavy penalties and the government hoopla about the law I'd be surprised if there was a specified payment option (and I'm too lazy to look up the law's text right now - lol).

 

RE: March 26th, 2008

The Lawyer in that matter has other committments and has advised that he will be either resolving or adjourning that date. I guess the wait continues.

 

Court date is today, any news?

 

Hope he asks for another date and takes it to trial... I'm interested in the outcome regardless.

 

I wasn't able to make it to that courthouse today but I'll find out when I am in Newmarket next, which will be before the end of the week.

On a side note a client snuck me into the Adesa car auction today. I have never been before and it was just awesome to see 8 lanes of cars being sold one after the other. I took some notes of the prices. But the ones that stood out for me were the several Rx8s that went for 12-14k. I hungout in the BMW lane most of the time and there are many thousands in mark up. I am considering getting a dealer license to become a personal auto broker as a fun thing to do on the side.

 

I started reading this thread,and it looks like we need a Spokesman for the People...and for That Position,I recommend RICK MERCER( of the Rick Mercer Report)..he had 6 Million People IN Canada Voting to Get STOCKWELL Day's Name Changed to DORIS!..the Internet Was Flooded with Responses and it actually Shut the Website Down because it couldn't Handle the responses!..I wonder how I can get a hold of this Canadian TV Genius~?

 

Get a dealer license, buy us cars, take 1k for your work.

 

This will never happen. They cannot seize your car and crush it. They can sieze your licence and impound your car but they can't take a posession of yours and crush it. It's against the law. I wouldn't worry about it fellas. just don't street race. Go to the track and race there. It's more fun and you can't get tickets. ;-)

 

Move to Ontario, deal with the OPP and you'll be singing a different tune boosted. They wait at races and car shows and ticket us for anything. But yah, track > street. Still, OPP = rape.

 

Well as long as you obey the law, they can't ticket you for it >_>. Their was a cop outside Dunneville once and he only cared if you were speeding in the 50 zone. He ignored people going out to refuel with track tires.

thewird

 

Lol forget about that car now, go get new one.

 

+1, take it to the track.
Still, it's assinine to be supposedly clamping down on street racing, then bust people at the track. Just the same, it's not like it's new, so people should be smart leaving the track.

I've taken a real interest in this thread, because I hope stupid laws and law enforcement can be stopped before they spread and become accepted. Too late for red light cameras though, despite conflicting evidence on the effects on collision and injury rates. And photo radar. And speed enforcement generally...

 

Yay! 50 more charges laid for Street Racing over the fair weather weekend. However, not a word as to what actions the drivers have taken to warrant such a charge .... More Street Racing Hype to come as summer approaches ....

http://www.citynews.ca/news/news_21426.aspx

=(

 

I went to the Solo/ CASC open house yesterday in Newmarket. Law-abiding (for the most part) and skilled drivers who fufill their need for speed at the track in organized events. The road that CASC is on is 40 kph and it's easy to catch yourself over. Guess what? York police see a couple nice cars headed to the meeting and decided to set up traps at either end of the street when they saw the collective mass of WRX's, Z06's, BMW's, etc. I understand about 20 tickets were handed out. Lame! These are people that reserve real driving for the track but doing 10kph over get set up and nailed.

 

Again, stupidity in law enforcement - which just leads to a lack of respect for both the law and law enforcement officials...

 

Well I spoke with the crown in Newmarket today and the lawyer plead guilty to straight speeding. This is just insane. If a lawyer doesn't have the kahunas to challenge the crap nobody will. The crown laughed at my disgust and suggested I drive 50 over till I get caught and take him on in court.

Like I said in the other thread about the latest arrests it is time for protest. Come up with some ideas.

 

I'd like to know what would happen in this situation. Let's say I've got a speedometer that reads 10% slower at speeds above 100km/h. I'm in the right lane of the two lane part of the 401 that goes through Woodstock, and I'm following a tractor trailer that it going 115km/h but is throwing road debris up onto my car. I pull out the left lane and accelerate to about 135-140km/h because I want to pass this guy quickly to avoid people having to slow down behind me, because I know the average speed in the left lane of that part of the highway is between 120 and 130 km/h, and sometimes higher. I take the risk of getting a speeding ticket by accelerating above the 120-130 km/h mark, but am aware of the 150km/h penalty, so I keep my speed 10km/h below that.

Then a cop radars me from under a bridge and catches me going 150km/h. But because of the error in my speedometer, I thought I was going 140km/h.

Because of this bullshit law, I don't have to chance to explain my case before my license and car are taken away. The cop will probably be happy to take my car from my because it shows his superiors that he's a no-BS hard-*** cop that sticks to the laws. That's the problem with this absolutely retarded law.

 

In all likely-hood, the crown would argue that it is your responsibility to ensure that your speedo is working correctly and that you should have reduced your speed away from the debris rather than accelerating past it.

I'm just playing devil's (crown's) advocate.

 

You usually have to look at offences from a two stage analysis, Mens Rea and Actus Reus.

Mens Rea (Latin for Guilty Mind) meaning the intent to commit the offence, while
Actus Reus(Latin for Guilty Act) meaning the causation or action element of the offence.

You are trying to say that you are lacking the guilty mind aspect of the offence. Unfortunately there is such a thing as Strict Liability offences where the crown does not have to prove the Mens Rea for an offence in the traditional manner. So the crown's responsibility is to prove the Actus of travelling at a particular rate of speed. You still maintain a defence of due dilligence in these circumstances. Then there are offences that are deemed Absolute Liability offences where the due diligence defence in not available.

And I am sure you have guessed by now that Speeding is an Absolute Liability offence. What you thought at the time is irrelevant.

 

Jim Kenzie is out with a great, new article:

http://www.wheels.ca/article/327608

 

Excellent article. I think we should all print this out and mail it to our MPP's and Fantino!

 

That is a good article. Nothing like using the OPP's own stats to cut to the meat under the bonanza of bullshit which is Ontario's racing law, and it's hyped up enforcement - that meat being that speed generally only kills when coupled with other stupid and unsafe behaviors. Even if the speed limits were set at walking speed, people would still find ways to kill themselves or others in cars. But as was pointed out in the article, police and courts like speed-based offences, they're quantifiable, measurable, and easy to prosecute. And the speed kills propaganda has been around so long, it lets the government make a great show of how it's protecting us from ourselves (anyone seen V For Vendetta?)

This is a point of some interest to me - over the last few years, the QEII between Calgary and Edmonton has evolved into a defacto 130-140 zone (actual posted speed is 110). Yet there hasn't been an epidemic of fatalities and accidents. In fact, travelling that road regularly over the last 20 years, it seems that if anything, it flows better, and people are more inclined, albeit slightly, to observe proper lane behavior - keep right except to pass, pass on the left, etc. This despite the fact that traffic levels have increased greatly, and it's still the same two-lane-each way, barely-divided highway. It's when people fail to follow those other rules of the road that safety and courtesy break down, for example, insisting on driving at 110 - or any other speed slower than what people behind and around are doing, while in the left lane, while traffic piles up and tries passing on the right.

However, fewer accidents despite increased traffic volumes and increased speed can't be allowed to challenge the speed kills hypothesis, so the province plans to base a large detachment of the newly minted Alberta Sherriffs (effectively highway patrol) in Olds, tasked primarily with cracking down on speed crazed citizens (the vast majority) who defiantly insist on travelling at speeds that allow them to safely and expeditiously complete their frequent and boring journey's on the Calgary-Edmonton corridor. Which, given the simple math that fewer cars per hour will traverse the road if they follow the 110 limit, will therefore mean more congestion, and in all likelihood more accidents. But the government will crow that it has cracked down on speeding in the interest of public safety, while in fact achieving the opposite end (which was the case a few years ago when Montana, which formerly had no daytime speed limit on State and Interstate highways, instituted a 75mph speed limit, and saw accident and fatality rates nearly double).

Similarly, I see in the local papers the last week or so stories that the Calgary and the province are looking at lowering the speed limit on the Deerfoot Trail, having observed that, strangely enough, despite the freeway and many of it's ramps and overpasses being poorly designed, on the better sections of the road, traffic often flows at 120 (posted 100km limit). So as part of a task force into making the roadway safer, they are looking at LOWERING speed limits on the Deerfoot - just the ticket for a roadway carrying far more than it's designed capacity - slow down the traffic where it does flow so it can be congested everywhere, all the time! Because it's just crazy to think that the solution to the freeway's problems might lie somewhere other than reduced limits and more speed enforcement. That's the solution to all transportation problems - or at least one might think so from looking at the actions of North American governments.

[/rant]

 

Bingo, I couldnt' agree with you more. I was late leaving the house this morning on my planned trip Oshawa court. I spent most of my time on the 401 behind knuckleheads in the passing lane that just would not yield. I am normally patient enough to deal with it but since I was late I was forced to constantly pass people on the right.

 

Well, my 2 cents:

Julina Fantino seems to have a lot of sway on this issue. Is he an elected official? No. Does he represent Ontario voters or tax payers? No.

Is he even a good cop, or police chief? Obviously, I hate to site Wikipedia, but it is a handy refrence:

http://en.wikipedia.org/wiki/Julian_...ption_scandals

Seems to have a pretty strong record of covering up for dirty cops, and viewing the public with contempt.

Also, he seems to like airplanes, and thinks you should pay for him to have one to fly around in:

"Fantino said the OPP planes would pay for themselves in increased traffic fines and tens of thousands of lives would be saved."

http://www.thestar.com/News/article/229429

Based on the above quote, he seems to be bad at math. With <200 fatalities annually on Ontario roads, the chief would have to keep his planes in the air (on the backs of drivers) for more than 50 years.

So, forget "safer roads for a safer Ontario's", start ratcheting up the pressure on the chief, before he starts stomping on other rights, like freedom of assembly:

http://www.nowtoronto.com/issues/200...ews_story4.php

"So deep runs Fantino's detestation for the anti-Iraq-war crowd that he tried to strong-arm the police services board into requiring groups to seek permission from police for rallies – and had the audacity to offer, in one report, that "a problem is now arising where portions of the public believe that Dundas Square is a public space."