Street Racing Laws Unconstitutional?
09-10-2009, 10:02 AM
#1
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Street Racing Laws Unconstitutional?
It would seem that progess is being made. Sorry if it an Enzo
http://ca.news.yahoo.com/s/torsun/09...he_racing_hook
Judge lets granny, 62, off the racing hook
The little old lady from Pasadena she ain't.
Yet Oakville's Jane Raham, 62, a grandmother with a clean driving record and a fear of transport trucks, just drove a big hole through one of the Ontario government's signature laws.
Justice Geoffrey Griffin ruled in a Napanee courthouse on Friday that a section of the province's stunt-driving legislation -- enacted just two years ago -- is unconstitutional.
Raham was returning from Kanata when she was clocked at 131 km/h in an 80 km/h zone. She was charged with going more than 50 km/h over the limit and had her licence automatically suspended and her car seized for seven days.
"It was quite traumatizing for somebody -- a woman of my age on my own being left there," she said. "I just worry about someone else being left there in the same boat. I don't think that's right."
She said yesterday she was speeding "for probably two seconds" as she passed a truck.
While she agrees with the intent of the law and believes fines are a deterrent, Raham said she doesn't think someone like her who was not driving erratically should have their car impounded.
The judge's ruling focused on whether convicting Raham solely on the basis of her speed alone made the law an absolute liability offence, one in which an accused can't advance a defence that they acted reasonably or were mistaken in fact.
Because he found it did just that, he ruled it was unconstitutional as it allows for up to six months in jail.
"The decision was the right decision," said Brian Starkman, the lawyer who argued the appeal.
"Somebody who is speeding and doing nothing but speeding shouldn't be exposed to a jail sentence. Drivers simply wouldn't be able to defend themselves."
The government said it would appeal the ruling.
"In the interim, people should understand that the street-racing provisions are still in effect and police can still lay charges," said Brendan Crawley, a spokesman for the ministry of the attorney general.
http://ca.news.yahoo.com/s/torsun/09...he_racing_hook
Judge lets granny, 62, off the racing hook
The little old lady from Pasadena she ain't.
Yet Oakville's Jane Raham, 62, a grandmother with a clean driving record and a fear of transport trucks, just drove a big hole through one of the Ontario government's signature laws.
Justice Geoffrey Griffin ruled in a Napanee courthouse on Friday that a section of the province's stunt-driving legislation -- enacted just two years ago -- is unconstitutional.
Raham was returning from Kanata when she was clocked at 131 km/h in an 80 km/h zone. She was charged with going more than 50 km/h over the limit and had her licence automatically suspended and her car seized for seven days.
"It was quite traumatizing for somebody -- a woman of my age on my own being left there," she said. "I just worry about someone else being left there in the same boat. I don't think that's right."
She said yesterday she was speeding "for probably two seconds" as she passed a truck.
While she agrees with the intent of the law and believes fines are a deterrent, Raham said she doesn't think someone like her who was not driving erratically should have their car impounded.
The judge's ruling focused on whether convicting Raham solely on the basis of her speed alone made the law an absolute liability offence, one in which an accused can't advance a defence that they acted reasonably or were mistaken in fact.
Because he found it did just that, he ruled it was unconstitutional as it allows for up to six months in jail.
"The decision was the right decision," said Brian Starkman, the lawyer who argued the appeal.
"Somebody who is speeding and doing nothing but speeding shouldn't be exposed to a jail sentence. Drivers simply wouldn't be able to defend themselves."
The government said it would appeal the ruling.
"In the interim, people should understand that the street-racing provisions are still in effect and police can still lay charges," said Brendan Crawley, a spokesman for the ministry of the attorney general.
09-10-2009, 01:46 PM
#2
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This has been already covered TWICE https://rennlist.com/forums/rennlist...eding-law.html and https://rennlist.com/forums/rennlist...ses-mouth.html no need to make another thread for the same topic...
09-11-2009, 01:36 PM
#4
Rennlist Member
This has been already covered TWICE https://rennlist.com/forums/rennlist...eding-law.html and https://rennlist.com/forums/rennlist...ses-mouth.html no need to make another thread for the same topic...
