Be prepared for more officers patrolling the highways this winter
Restrictive Ontario Law For Truck Drivers Being Challenged
September 19, 2009 - The recent decision by Napanee Judge G.J. Griffin ruling stunt driving as unconstitutional has people buzzing. Â Opposing camps have offered justifications for the ruling ("absolute liability offences should not carry custodial sentences") and justifications for the charge itself Â ("stricter laws = safer roads"). Â
A driver charged with stunt driving in Ontario under Section 172 of the Highway Traffic Act faces the risk of a maximum fine of $10,000, imprisonment, and a licence suspension upon conviction.Â
Does this ruling mean all current stunt driving charges before the courts will be withdrawn? What, if any, are the implications of this ruling for people charged with stunt driving in Ontario?
First off, the Napanee ruling only pertains to the definition of speeding. Â A driver can be charged with stunt driving based on the other definitions outlined in regulation 455/07. Stunt driving consists of various definitions such as,Â
1) driving a motor vehicle in a manner that indicates an intention to lift some or all of its tires from the surface of the highway,Â
2) driving a motor vehicle that indicates an intention to cause some or all of its tires to lose traction,
3) driving a motor vehicle that indicates an intention to prevent another vehicle from passing
...and the list goes on... Â
In a nutshell, a driver charged with stunt driving as a result of other reasons apart from speeding should not expect any significant changes from the recent ruling.
Drivers charged with stunt driving as a result of speeding stand a better chance. Â The recent ruling, however, does not result in the immediate withdrawal of all stunt driving charges relating to excessive speed. Â A charter application still has to be filed and argued for each individual matter. Â
As to be expected, Ontario is appealing the recent ruling. Â Thus, it is likely stunt driving charges currently before the court whereby Charter Applications have been filed and argued may be put on hold until the judgement for this upcoming appeal has been heard. Certainly, any delays attributable to the court system or prosecution entitles the defendant to yet another Charter Application which argues a defendant's right to be tried within a reasonable amount of time...thereby increasing a defendant's chances once again. Â
Amidst all of the debate and discussion surrounding the recent ruling, a major aspect surrounding the stunt driving law remains to be discussed. Â Despite a defendant's right to the presumption of innocence, a driver charged with the offence loses his/her vehicle at the roadside for seven days and has to incur the towing and impoundment costs. Â Is not a roadside licence suspension sufficient enough to prevent the defendant from driving? Certainly, the police officer will not allow the defendant to drive away from the scene and more often than not, a defendant has access to other vehicles during his/her suspension. Ultimately, is towing a defendant's vehicle really necessary to protect the public or is it just a form of punishment administered before the defendant's guilt is decided by a fair and impartial tribunal? Â
Discussion surrounding the constitutionality of the search and seizure related to the stunt driving charge is long overdue. Â Would this discussion merely be a futile exercise given the cited 'politics' often associated with legal matters and rulings? Â Perhaps. Â
For any legal matter, there are always at least two sides to an argument. Â It is our duty as citizens to ensure both sides are heard equally and fairly. Â Most societal change and growth would not have been accomplished if it were not for the individuals who questioned and challenged laws now deemed as prejudicial or unjust.
The battle surrounding the constitutionality of the stunt driving charge is far from over. Â In the end it is important to remember as Earl Warren once stated,Â "It is the spirit and not the form of law that keeps justice alive." Â Discourse surrounding Ontario's controversial charge continues and rightly so.
Â Niagara Long Weekend Blitz & Niagara Attractions Discounts for Clients & Members
September 4, 2009 - After a long hiatus, we are back to updating our blog! Â There really is no good excuse for our long absence. Â In the past while, we have had to undergo some restructuring which regretfully resulted in us neglecting our blog. Â We are back, however, and aim to offer weekly updates for those of you interested in traffic ticket related news. Â Our head office is located in the Niagara region so forgive us if a huge percentage of our blogs involve news surrounding this area. Rest assured, however, that we aim to offer traffic ticket updates for all of the major cities within the province of Ontario. For more frequent updates, please join our facebook page Road Warriors Traffic Ticket ServicesÂ and/or tweet us at road_warriors.
NIAGARA LONG WEEKEND BLITZ
September 4, 2009 - For those of you travelling within the Niagara Region this labour day weekend, keep your eyes out for the OPP who will be out in full force. Â According to Staff Sgt. Jan Idzenga, the OPP intend to focus their attention on the area most known for accidents - the stretch between Seventh Avenue in St. Catharines and Mountain Road in Niagara Falls.Â
If you are a motorcyle rider, you will be especially at risk of police scrutiny this long weekend. Â Staff Sgt. Idzenga from the OPP states serious accidents have occurred recently involving motorcyles.Â Â
For more info regarding the OPP blitz in the Niagara area, please visit url.
If you are a local Niagara resident, you are already likely aware that the Niagara Regional Police tend to focus their efforts on the route most frequented by locals to avoid the long weekend highway traffic - Thorold Stone Rd. Â The NRP's most known hiding spot in this area is right where the tunnel ends and begins.
Drive safely and we wish you all a great labour day weekend!
NIAGARA ATTRACTIONS DISCOUNTS
September 4, 2009 - Safari Niagara, Niagara Helicopters, and Oh Canada Eh Productions are offering our clients and members discounted rates. Â In appreciation of our clients and members, we approached these Niagara attractions to see if they could offer special rates for our clients and members. Â We are glad to announce that they all happily obliged! Â If you are looking for something to do this long weekend in the Niagara area at discounted rates, join our facebook page for more info!Â