If anyone is unfamiliar with Ontario Canada's driving laws let me tell you about a law that was introduced in 2007.
The new law came into effect and introduced strict new penalties for "stunt driving". If you are determined in the sole discretion of a police
officer to be "stunt driving", you will have your vehicle seized for 7 days, lose your license for 7 days, and face a fine between $2,000 and
$10,000.
Under the law, it is considered "stunt driving" if you do any of the following:
- lifting any tire from the surface of the road (wheelies or stoppies)
- intentionally causing any tire to lose traction while turning (skids or drifting)
- having the intention of causing a vehicle to spin (not sure how they're going to measure intentions...)
- driving a vehicle in oncoming lanes next to another vehicle longer than is "reasonably" required to pass
- driving with someone in the trunk (not sure what this has to do with racing or stunting)
- driving while not sitting in the driver's seat
- driving more than 50kph (approx. 30mph) over the speed limit
- driving in a way that prevents others from passing
- slowing down with the intention of slowing or interfering with another vehicle
- driving with the intention of driving as close as possible to a vehicle, pedestrian or fixed object
- jumping a left turn at a green light before allowing straight-through traffic to proceed
Recently a 63 year old woman named Jane Raham was pulled over doing 50km/hour over the speed limit while passing a transport trailer.
The officer registered her speed: 131 km/h, more than 50 km/h over the speed limit – just enough to merit the grandmother, who volunteer teaches
adult literacy courses, an automatic conviction for stunt driving under provincial law.
Her guilty verdict was overturned last Friday. "If one were asked to describe a stunt driver, the appellant would not immediately spring to mind,"
Justice G. J. Griffin wrote in his ruling.
Brian Starkman, the lawyer who successfully argued the appeal, said "the reason why the judge found this to be unconstitutional is because, on the
one hand, the person is exposed to a possible jail sentence. And, on the other hand, he has no means to defend himself at trial."
Although I think it is a great victory that this woman took on this law and won. I am upset that the law has held up so long. I wonder if it was a
younger guy driving a nice car, (not a modified car but something sporty off the lot) Would he too, be able to overturn the conviction?
The Ontario government is not happy by this decision and plans to appeal the woman`s appeal.
This law is completely against the Charter of Rights (Constitution)
The fact that your car is seized immediately (on the spot, without due process) Impounded for seven days, and you are considered guilty even before
you go to court is ridiculous.
People can face up to six months in jail from this.
And speaking from experience, cops will sometimes let you off of these charges (they will lie to help you out...) So what happens if they lie to
prosecute you?
Although I appreciate the cops who didn't charge me when I was going over 50km and became a 'stunt driver'. I do worry that it is too easy to be
misused.
This is a law that I hope the government wont win the appeal on. And if it is allowed to stand it will just be a matter of time before it is adopted
elsewhere.
www.thestar.com...
www.canada.com...
(quotations added)
Poster pointed out my intended sarcasm in title.
[edit on 12-9-2009 by threekings]