New Law Loopholes
 

First off, let me state that I was going aprox. 130 at the rate of traffic...Long story short, OPP pulled beside me on the HOV stealth-mode and threw the cherries on - He accused me of 66 over...As if. If I was doing that, I wouldn't have stopped but that's another story.

Anyways...Stunt Driving 172(i) pt. 3 summons in december - Surely there has to be a loophole in this law, but unfortunately I'm already guilty without the ability to prove my innocence with impound fees, towing, license suspension and license reinstatement.

Anybody have any insider info on fighting this ticket?

Get a good lawyer.

True, this is the exact same I'm affraid of.

ex. they catch me doin 20-30 over, and because my car looks modified, they write me up for something i didnt do, tow my car, suspend my license, etc. I go to court and win, but will they pay me back the money I had to spend for license re-issuing, impound fees?


What if you have a car soo low to the ground? What happens do they call a flat bed?

If he didnt get you on radar then your almost guarantee'd to get off because cops are suposed to get their speedo's adjusted every 1 or 2 years..Look it up and its a defently good way of getting out of it. If he got you on radar, get a good lawyer, and hope he doesnt show.

If your car is too low for a regular truck, the cop doesnt have to call a flat bed because if its too low for a regular truck, it is after all unsafe for the road, therefore they tow your car like it wasnt even lowered and your stuck with paying for your damaged front bumper, etc.

Cops are assholes so be an back. Theres alot of loopholes through everything, learn them and you'll be free.

Enjoy getting ****ed with the new laws if you are an to a cop right off the bat.

Well in my case...The tow is 200, impound 60x7...So 620 before tax, then a 150 license reinstatement fee.
As for getting it back? Very doubtful, although the officer never once stated the fees I was going to be charged for either service...Which was brought to my attention. But I doubt the gov't will reimburse anybody - Remember, we're worse than murderers...Better yet, even when we're not guilty.

As for car being too low...It took an hour for a towtruck to come because nobody wanted to tow a lowered RWD car...No flatbed though. Even then, flatbeds aren't so great because of the angle to go up...I've scraped before many times

I know he didn't get me on radar because that number was pulled out of his ass. I've got the summons to attend, then I'll file for trial and get disclosure and go from there I suppose...There's a few hundred people ahead of me, I wonder how long until somebody challenges the law being an infringement on the charter of rights...Of course though, the gov't will NOT reimburse the impound + tow fees. This place is quickly becoming a police state with no regulation...Can't wait to get out of here.
I also have a couple witnesses that were driving behind that can testify in court that I was not doing 66 over.

Under the new regulations, 66 over would be considered a race, not a stunt. Does your summons specify stunt driving?

The discretionary powers afforded to police under the recent changes to the Highway Traffic Act are very broad, and the prejudicial nature of the 7-day suspension and impoundment, with their associated monetary costs, may be a charter violation. I'm anxious to see the results when someone finally files a charter challenge.

Yes, it specifies stunt driving.
And I may be filing a charter challenge...Although I bet I'm not the first

Rechecked this - my mistake - item 7 in the 'stunt' definition under HTA reg 455 specifies "Driving a motor vehicle at a rate of speed that is 50 kilometres per hour or more over the speed limit."

If, upon disclosure, it's apparent the officer had no grounds to lay the charge, I'd go further and make a formal complaint regarding the officers conduct in the matter. The intent of the suspension and impoundment powers is clearly spelled out in the law - if officers are not acting in accordance with that intent, they need to be held accountable.

keep us posted

yeah that sucks man. since the cop was being a dick to you, assuming he was a white guy, and assuming your not a white guy, id throw the race card, tell them he made some racial comments to you, soemthing like that. fuken pigs

I've got some ideas...
And unfortunately(only in this situation...and things pertaining to rights/welfare etc.), I'm white. That's the only time you'll ever hear me say such a thing

You may need to shop around for a lawyer who has the ability to challenge the constitutionality of this law. I hope you have the money for such an undertaking. I'm guessing it won't be cheap or quick. Maybe you can team up with others who have been victimized. Hey, if you get this law struck down as unconstitutional, you'll be a hero.