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Re; to stop or not.......I don't know if this is wishfull thinking but I recall hearing that if you make it back to your private property before they catch you, you can't be charged?
Hmmm, I don't think so...I don't there's a 'home free clause' in the HTA
Re; to stop or not.......I don't know if this is wishfull thinking but I recall hearing that if you make it back to your private property before they catch you, you can't be charged?
yeah and if you cover your eyes he can't see you either
Memo to wife and daughter staying at the Queen Elizabeth next week: SELF PARK PLEASE!!!
BTW: The X6 M is a beast and wouldn't have any trouble hitting 240kph...drove it on a track and I was impressed...except for it's dry-humped-by-a -Pontiac Aztek looks.
Every time I see that car I throw up a little in my mouth... It just makes no sense to me... big, for no reason, with no real utility. Different strokes for different folks I guess...
Every time I see that car I throw up a little in my mouth... It just makes no sense to me... big, for no reason, with no real utility. Different strokes for different folks I guess...
OT - Whoops... just realized I have two accounts... how did that happen? Sorry, no intent to decieve...
And a big bottle of Scope mouthwash for you while you are driving .....
Every time I see that car I throw up a little in my mouth... It just makes no sense to me... big, for no reason, with no real utility. Different strokes for different folks I guess...
When you cross the border into Quebec, there's a sign advertising their speeding fines. I think 50kph over the limit will get you a $890 fine, or so. It's almost as if they will beat any competitors advertised price...
Hmmm, I don't think so...I don't there's a 'home free clause' in the HTA
Actually, you can be charged with a Criminal code of Canada charge, sec 249.1 - flee police. That carries a possible jail sentence (summery = 6 months in jail $5K fine or indictable offense = 5 years max) plus possible vehicle confiscation.
Flee police causing injury = 14 years in jail max.
Flee police causing death = LIFE (max penalty)
Cost of defense of a simple (!) charge under sec 249.1 = min $10K and UP
HTA sec 216(3) under 'willfully' or commonly called 'escape by flight' Fine = not less then $5K and not more then $25K plus 14 day jail sentence min 6 months max and as well, a 5 year license suspension and drivers retest afterward. There is also a possible lifetime suspension in the event of injuries or death.
It is rare for the HTA charge to be laid in a flee police situation where the driver is found several miles from where police made the attempt to stop driver and where multi attempts of evading police were demonstrated such as driving across property, over curbs or going the wrong way on one way streets etc. Generally it's easy for police to prove 'willful' in this type of situation.
HTA sec 216 is used where high speeds and police ability to keep up to suspect car make it difficult to prove 'willful' difficult. Driver could claim he was driving so fast he failed to check his rear mirror. Sec 216 is an absolute liability offense which means you really have to prove that the police did not properly identify themselves, or improperly positioned themselves so that they were not displaying themselves as a police car or some such defense.
The difference between the fed and prov charge is really 'intent'. It is up to the officer as far as the HTA charge and as far as the CC charge that is usually decided by the crown upon review.
Most people who pull over after a short 'chase' of their own accord usually have the HTA charge laid as reasonable doubt is raised on the intent to flee as the suspect can say they 'just noticed the police' or excuses similar.
FYI: There is no 'safe haven' such as your driveway under the Ontario Police Act.
Don't want to be a buzz kill but when someone questions someone on why they stopped... there are some very good reasons to do so. Just saying.
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