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Speedy senior catches a break after being charged as 'stunt' driver
Neco Cockburn
The Ottawa Citizen
Friday, February 22, 2008
A 76-year-old Quadeville man treated like a street racer after his Lincoln Town Car was pulled over for speeding last month was "relieved" to receive a reduced fine yesterday.
Norman Harding, who said he was heading to a doctor's appointment with his wife in Pembroke on Jan. 17 when his car passed a truck and was eventually clocked travelling 130 km/h in an 80 km/h zone, was given a $343 fine.
The Crown reduced the charge to one of travelling 49 km/h above the limit, which took it out of the realm of stiff penalties aimed at street racers and people who travel 50 km/h or more above the speed limit.
"It's better than classifying me as a stunt driver or racer," Mr. Harding said in an interview after receiving his fine in court yesterday.
"The Crown was fair. They could have really socked it to me," he said.
Under the Safer Roads for a Safer Ontario Act, Mr. Harding had faced a possible fine ranging from $2,000 to $10,000 for travelling 50 km/h over the speed limit -- something considered a driving "stunt."
Still, his car was impounded for a week after the incident and his licence was suspended for seven days.
"My advice would be for everybody to be a little more careful, I suppose," Mr. Harding said. His son, Todd Harding, said his father paid about $250 in impound and towing fees.
Assistant Crown attorney Robert McGowan said he recommended the reduced fine because Mr. Harding had been polite and co-operative and wanted to have the matter settled, saving the province the time and expense of a trial. The speed Mr. Harding was travelling was also "right on the line," he said.
But that was balanced with the fact that Mr. Harding had received speeding-related convictions in the past for travelling between 29 and 38 km/h above the limit, Mr. McGowan said.
Mr. Harding also received four demerit points.
Todd Harding said he believed his father did not fit the intent of the legislation -- which was aimed at street racers and aggressive drivers -- but received a "fair deal" in the end.
Mr. McGowan said he thought the officer who ticketed Mr. Harding acted reasonably, noting that road conditions were poor at the time of the incident.
"All things considered, it wasn't unreasonable that the rate of speed he was driving in the circumstances quite comfortably fit into this legislation," he said.
Ontario Provincial Police Sgt. Mark Mackisoc, the 12-year Killaloe detachment veteran who pulled Mr. Harding over, said his driving fell under the stunt driving category.
"Everyone has a story to tell for why they were speeding or committing any kind of infraction like that, but at the end of the day, the act is just as dangerous," he said.
After Sgt. Mackisoc suspended Mr. Harding's licence and issued him a summons to appear in court, he took the couple to fill out paperwork at the yard where their vehicle was impounded. He then stopped at a store and let them pick up some groceries before driving them home in his cruiser.
ncockburn@thecitizen.canwest.com
© The Ottawa Citizen 2008
Discuss.
Neco Cockburn
The Ottawa Citizen
Friday, February 22, 2008
A 76-year-old Quadeville man treated like a street racer after his Lincoln Town Car was pulled over for speeding last month was "relieved" to receive a reduced fine yesterday.
Norman Harding, who said he was heading to a doctor's appointment with his wife in Pembroke on Jan. 17 when his car passed a truck and was eventually clocked travelling 130 km/h in an 80 km/h zone, was given a $343 fine.
The Crown reduced the charge to one of travelling 49 km/h above the limit, which took it out of the realm of stiff penalties aimed at street racers and people who travel 50 km/h or more above the speed limit.
"It's better than classifying me as a stunt driver or racer," Mr. Harding said in an interview after receiving his fine in court yesterday.
"The Crown was fair. They could have really socked it to me," he said.
Under the Safer Roads for a Safer Ontario Act, Mr. Harding had faced a possible fine ranging from $2,000 to $10,000 for travelling 50 km/h over the speed limit -- something considered a driving "stunt."
Still, his car was impounded for a week after the incident and his licence was suspended for seven days.
"My advice would be for everybody to be a little more careful, I suppose," Mr. Harding said. His son, Todd Harding, said his father paid about $250 in impound and towing fees.
Assistant Crown attorney Robert McGowan said he recommended the reduced fine because Mr. Harding had been polite and co-operative and wanted to have the matter settled, saving the province the time and expense of a trial. The speed Mr. Harding was travelling was also "right on the line," he said.
But that was balanced with the fact that Mr. Harding had received speeding-related convictions in the past for travelling between 29 and 38 km/h above the limit, Mr. McGowan said.
Mr. Harding also received four demerit points.
Todd Harding said he believed his father did not fit the intent of the legislation -- which was aimed at street racers and aggressive drivers -- but received a "fair deal" in the end.
Mr. McGowan said he thought the officer who ticketed Mr. Harding acted reasonably, noting that road conditions were poor at the time of the incident.
"All things considered, it wasn't unreasonable that the rate of speed he was driving in the circumstances quite comfortably fit into this legislation," he said.
Ontario Provincial Police Sgt. Mark Mackisoc, the 12-year Killaloe detachment veteran who pulled Mr. Harding over, said his driving fell under the stunt driving category.
"Everyone has a story to tell for why they were speeding or committing any kind of infraction like that, but at the end of the day, the act is just as dangerous," he said.
After Sgt. Mackisoc suspended Mr. Harding's licence and issued him a summons to appear in court, he took the couple to fill out paperwork at the yard where their vehicle was impounded. He then stopped at a store and let them pick up some groceries before driving them home in his cruiser.
ncockburn@thecitizen.canwest.com
© The Ottawa Citizen 2008
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From: Land of the Ptarmigan
Certainly not a fair verdict from a strict interpretation of the law. He was a repeat offender. He was guilty. And the road conditions were poor.
I am CERTAIN that in similar situations, anyone of us (the <76 crowd) would have been convicted to the full extant of the law with a much larger fine & no reduction if we were in a Porsche.
The law is the law is the law . . .
Ian
I am CERTAIN that in similar situations, anyone of us (the <76 crowd) would have been convicted to the full extant of the law with a much larger fine & no reduction if we were in a Porsche.
The law is the law is the law . . .
Ian
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From: Ask Rusty Shackleford.
^ yeah that was really nice of him.
i'm glad grandpa got let off (relative term), but like everyone else says, not a chance in hell anyone in another age bracket would have been.
i'm still against this law, especially since even if you do fight it, you're still out anywhere from 2-10g's seeing as how i don't think the government gives refunds, even when they admit they're wrong.
i'm glad grandpa got let off (relative term), but like everyone else says, not a chance in hell anyone in another age bracket would have been.
i'm still against this law, especially since even if you do fight it, you're still out anywhere from 2-10g's seeing as how i don't think the government gives refunds, even when they admit they're wrong.
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From: NorCal
"Todd Harding said he believed his father did not fit the intent of the legislation -- which was aimed at street racers and aggressive drivers ". Huh? An old guy (with multiple convictions) driving 50 over in a 5k lb car isn't aggressive enough. I suspect a 30-something with no previous convictions driving a Porsche would have fit the "intent of the legislation" just fine.