Sometimes it doesn’t pay to do a good deed. Police nab the `good guy’ when Ontario driver is caught, charged and convicted of street-racing after a 911 dispatch operator told him to “get the plate” of another driver waving a gun.

Taki Christopolous was driving home from downtown Toronto when a man pulled up beside him at a stop light, made a rude hand gesture and pulled out a gun. Immediately calling 911 to report the incident, the operator instructed Christopolous to get the license plate number of the instigator’s vehicle.

A high-speed highway chase ensued until Constable Sven Wiggermann pulled over Christopolous and charged him with “chasing” – a violation of Ontario’s stunt driving law. They impounded his BMW and suspended his license for seven days.

Toronto paralegal Philip Alexiu, the defendant’s legal representative, offered an “officially-induced error” defence in an October 2009 trial. From MacLeans.ca:

“He accelerated briefly to try and obtain the plate, and then slowed right back down when he realized the other vehicle was going much too fast,” says his paralegal, Phil Alexiu. “And the only reason he even accelerated was because he was directed by 911 to see if he could obtain the plate.”

While Christopolous maintains he never exceeded 120 km/h, the traffic officer testified the defendant’s BMW weaved between lanes and, at one point, clocked in at 168 km/h.

Toronto Justice of the Peace, Mary Ross Hendriks, ruled in favour of the Crown and said the advice of the 911 operator “was akin to a discussion with an appropriate official, not authorization to engage in high-speed pursuit.”

Christopolous was fined $2,000 and has filed an appeal.

Do you have a traffic ticket to fight? Take legal action with the help of our legal professionals.

In an effort to uphold constitutional rights, Ontario’s highest court recently ruled those charged under the street racing law will have a chance to defend themselves in court before receiving jail time.

Since its inception in 2007, we’ve been keeping you up-to-date with the many issues arising from Ontario’s new stunt driving legislation. The latest news included two separate acquittals by judges who ruled that the stunt driving law is unconstitutional.

Several weeks ago, the Ontario Court of Appeal overturned those rulings and decided speeders going over 50km over the limit can be lawfully charged with what is characterized by as “aggravated speeding.”

From The National Post:

The stunt racing law was originally billed by the Ontario government as part of a crackdown on street racing. When it was passed into law though, the offence included fines and potential jail terms of up to six months in custody simply for driving more than 50 kilometres over the limit.

The courts have previously interpreted speeding as an “absolute liability” offence, which means someone charged is not allowed to present a defence. The Supreme Court of Canada has ruled that it is unconstitutional for an offence to include the possibility of jail, when there is no right to a defence.

The Court of Appeal ruling distinguished between the amount that someone is accused of speeding.

If a driver is charged under the Ontario Highway Traffic Act with speeding of up to 50 kilometres over the limit, it will still be an “absolute liability” offence, since the penalties are fines and not potential jail terms.

But if the charge is stunt driving, then a driver is entitled to present a “due diligence” defence, that reasonable steps were taken to speed by less than 50 kilometres.

The Court of Appeal has ordered a new trial for Jane Raham, the stunt-driving granny who was acquitted back in November, 2009. At her new re-trial, Ms. Raham will have the opportunity to explain why she was speeding and possibly avoid jail time.

Several examples of acceptable defences for stunt racing may include pulling out into a passing lane for a few seconds or providing evidence of a malfunctioning speedometer.

If you’ve been charged with stunt racing, you have the right to defend yourself. Hiring an experienced legal professional to represent you at your day in court will increase the odds of reducing or nullifying your fine and save you from jail time.

Contact one of our paralegals today for a free consultation.

Back in October of 2008, the Ontario government was mulling over a cell ban legislation to reduce distractions while driving. Within one year, this `distracted driving’ law is now in full effect. With the 3 month `probationary period’ ending next week, are Ontario drivers ready to give up their electronic devices?

It is now illegal to use a hand-held mobile phone, iPhone, Blackberry, portable DVD player or video game, and global positioning system (GPS) while driving in Ontario. The only exemption for the typical motorist is a 911 call.

Those caught driving with an electronic device in their hand will be fined up to $500. No demerit points are associated with this charge.

Why pass a law which some critics suggest is borderline unconstitutional? From CBC.ca:

“The Ministry of Transport said the ban is needed because driver distraction is a factor in 20 per cent of all road accidents. Bradley [Transportation Minister] said one U.S. study found texting boosted the risk of a collision 23 times.”

The government allows for a small window of time for Ontario residents to comply with a new law. Although the cell phone ban came into effect in October of 2009, most drivers caught chatting, emailing or texting up until now have only received a warning. (Unless officers used their discretion and charge offenders with more serious offences, such as careless or dangerous driving.)

According to the legislation boundaries, you may still use a hands-free device, such as Bluetooth technology, to talk while you’re on the road, and a GPS device if it is fixed to your dashboard.

Interestingly, some companies are requesting exemption from this legislation. According to The Toronto Star:

“While some cab companies, courier and trucking firms want exemptions from the law as regulations are being written, Bradley said they won’t be granted easily. “We would be extremely reluctant as a government to grant any exemptions unless a very compelling case could be made. Safety for the driving public … will be paramount.”

The government is looking at exemptions for communications devices for dispatching, tracking and monitoring commercial drivers.

Emergency services vehicles are also exempt from the prohibition on talking, texting and emailing using hand-held devices.”

What do you think about Ontario’s cell ban while driving?  Will you be complying?  What do you think about the possible exemptions? Please feel free to speak your voice in the comments below.

If you have been caught and charged with using an electronic device while driving, contact one of our licensed paralegals today to receive a FREE consultation regarding your Ontario traffic ticket.

Ignorance is an unacceptable defence in the eyes of the court. So while you’re travelling this holiday season, our Legal Action paralegals wish to inform you of a commonly unknown traffic law that can cost you up to $2,000 and 3 demerit points for your first offence.

In April 2003, the Ontario government amended Bill 191, the Highway Traffic Act (Emergency Vehicle Safety) in response to the tragic deaths of four police officers within several years.

From the Government of Ontario press release:

“Many motorists don’t recognize the high risk front-line police officers can face during routine traffic stops,” Brian Adkin, president of the Ontario Provincial Police Association, said. “We don’t necessarily think of pulling off to the side of the highway to issue a speeding ticket or to investigate an accident as a dangerous part of an officer’s job. This legislation is critical to our members’ safety. It speaks to the commitment that the government has for front-line emergency personnel.”

The legislation requires motorists to slow down and proceed with caution when travelling on all highways in the same direction as a stopped emergency vehicle with it’s red lights flashing. When approaching such a vehicle, if the highway has two or more lanes and if it can be done safely, the driver must change lanes farthest from the emergency vehicle.

In all circumstances, drivers must take into consideration traffic and weather conditions when taking the appropriate action.

The amendment applies to all stopped vehicles (excluding school buses) with flashing red lights:

• ambulance
• fire
• police
• public utility emergency vehicles
• ministries of transportation, natural resources and environment

Those convicted of disobeying the law can expect to be dealt with severely:

1st offence: the fine will be not less than $400 and not more than $2,000.
2nd & subsequent convictions: the fine is a minimum of $1,000 to a maximum of $4,000, six months in jail or both a fine and jail sentence.
All convictions: will result in the addition of three demerit points to a driver’s record. The court can also suspend a motorist’s driver’s licence for up to two years.

Armed with this knowledge, Ontario drivers can confidently pass parked emergency vehicles and, in the process, possibly save lives, their pocketbooks and their driving records.

If you’ve been unfortunate enough to have been caught unaware of this law and issued a traffic ticket, contact our team of paralegals for a free consultation.

Hot on the heels of `stunt-driving granny’ winning her speed-racing case, another Ontario judge has followed suit and recently ruled in favour of a woman with similar charges. Both judges have found that the new stunt-driving law is severely flawed and unconstitutional.

According to the TorontoSun.com last week in Speeding law hits 2nd bump, a Newmarket judge threw out the case of an 18 year-old woman who was charged by police for driving 157 km/h on Hwy 407 in March, 2008. Alexandra Drutz pleaded not guilty and in response:

“Judge Peter West ruled the law isn’t constitutional because a person charged under the legislation can’t mount a defence even though the violation carries a possible penalty of six months in jail.”

This ruling echoes the decision from Judge Griffin of Napanee who overturned the conviction of Jane Raham, a.k.a. `stunt-driving granny’, a few months ago in September. While the province has appealed Griffin’s decision to the Ontario Court of Appeal (a decision is expected in January), the Attorney General said that he will wait for a ruling on Raham case before appealing West’s ruling.

The province maintains the speed-racing law is an important public safety initiative that saves lives and will continue to be enforced despite this second ruling.

From the Toronto Sun:

The law gives cops the power to impound an accused speeder’s car — on the spot — for seven days and sets fines of between $2,000 and $10,000.

Vincenzo Rondinelli, a lawyer in the Drutz case, said that despite the worthy motivations behind the law, it’s flawed. “Obviously it came on the heels of some very horrific types of crashes on our highways,” Rondinelli said. “No one is going to doubt that that is a problem and we all want to fight it. It just has to be done in a way that meets the constitutional paramaters we have in Canada,” he said.

Rondinelli and lawyer Paul Cooper successfully argued that the potential for a jail term, while remote, is an infringement of the Charter of Rights and Freedoms because the law doesn’t permit the accused to mount a defence or give reasons for why they might have been speeding.

Although the law will continue to be upheld by the authorities, this second ruling provides hope for the hundreds of people who have pending stunt-driving charges. If you have a speeding ticket or stunt driving charge to fight, contact Legal Action today and ask for a free consultation from our paralegal team.

Ontario’s street racing law has been under the gun since it was passed over two years ago. Among its various criticisms, last week we reported corruption within the OPP ranks. Further deteriorating the validity of the stunt driving law, a judge has ruled that the charges laid against a 62-year-old grandmother are unconstitutional.

Jane Raham was caught speeding near Kaladar, Ontario, while passing a truck on highway 7. Her speed was clocked in at 51 km per hour, I km over the limits for receiving the usual speeding ticket and resulting in a stunt driving charge. Raham’s car was immediately impounded and her license suspended for seven days.

In September, Napanee Judge G.J. Griffin overruled the conviction against Raham. He commented that the grandmother did not fit the typical profile of a stunt-driver and justified his decision by identifying the law as unconstitutional.

From CTV.ca:

The judge said convicting someone who is “morally blameless” of an offence that carries a jail sentence as its penalty breaches the Charter of Rights and Freedoms. “Essentially, his decision was that somebody who is speeding and doing nothing but speeding shouldn’t be exposed to the possibility of a jail sentence,” said Brian Starkman, Raham’s lawyer.

By law, speeding is considered an absolute liability. A driver can’t argue they didn’t know they were speeding and hope to get acquitted. However, the driver could very well be `morally blameless,’ meaning the motorist thought she was going at the speed limit even though she was not, Morton said. “The defence of due diligence is not a defence because of the way the legislation is written,” he told ctvtoronto.ca. “You would still be convicted even if you tried not to speed.”

The Ontario Attorney General has said that it will appeal the judge’s decision. (Stay tuned for future posts as we cover this fascinating case.)

Critics of the street-racing law contend that parts of the legislation are redundant and the definitions outlined are debatable. From thestar.com:

“The law defines stunt driving in several different ways,” Starkman said. “One of them is driving a car while you’re not seated in the driver’s seat. I’d say that’s a pretty good definition of stunt driving.

“But why should driving 50 (km/h) above the speed limit be stunt driving? It’s speeding. There’s another section that deals with speeding, and it already includes penalties for going 50 past the limit and more.”

It is important to note that despite Justice Griffin’s ruling, the law is still being enforced because of a reported 30% decrease in highway fatalities. In addition, the judge’s ruling will not affect street racers, as they would be tried under a different subsection of the law dealing specifically with racing and stunt driving.

However, the hundreds of currently open stunt driving charges now have the opportunity to be argued and dismissed. If you have a speeding ticket or stunt driving charge to fight, contact Legal Action today for a consultation.

Since Ontario passed its street-racing legislation over two years ago, Legal Action has reported on this law’s positive results, praises, criticisms, failings and even unlikely suspects.

Earlier this summer the speed racing law was again called into question when the Toronto Star reported corruption within OPP ranks.

The Crown and OPP are investigating 200 speeding tickets issued by a single officer:

“Mahoney-Bruer, 49, was arrested and charged last week with three counts of breach of trust and one count of attempting to obstruct justice after an investigation by the Ontario Provincial Police Professional Standards Bureau. The 12-year member of the force is accused of using false evidence to lay charges against three drivers last month. He has been suspended with pay.

An additional 50 criminal charges – including impaired driving, dangerous driving and non-traffic related charges – in which Mahoney-Bruer was involved as an investigator, are also under review. Police say it’s unclear how old some of the charges under review could be. The OPP says a “small number” of charges have already been stayed by the Crown.”

Although the outcome of the case may hold vindication for many speeding ticket recipients, one of them told the Toronto Star that even if his ticket is revoked, he’s already experienced financial losses in towing, taxis and legal fees fighting the traffic ticket.

Paralegals who specialize in fighting traffic tickets say this evidence of police corruption reduces the confidence of the public in the traffic tickets being issued.

If you need help fighting your speeding or stunt driving ticket, contact Legal Action today to speak with one of our paralegals.

Durham police are getting desperate to slow drivers down – they’ve called in the reinforcements, in the form of teenagers! Reported by TheStar.com, drivers were offered a choice when pulled over in an innovative program designed to help deter speeding. Get a speeding ticket (a minimum fine of $90) or a lecture from a teen.

Only one of the 63 motorists opted for the speeding ticket. The rest listened to one-page essays by grade 11 law class students from Monsignor Paul Dwyer Secondary School, located near the high-collision intersection of Rossland Rd. W. and Stevenson Rd. in Oshawa.

Durham officer Keith Richards came up with the idea after realizing speeding tickets don’t work after four years as a traffic safety co-ordinator in Clarington. From TheStar.com:

The idea was to teach safe driving principles to both drivers and students, who included statistics, consequences of bad driving and personal tales in their messages delivered at a mobile command unit…

“This is a damn good idea,” said Ryan [one of the motorists pulled over], dabbing at her eyes. “It really touched me. It can save a life.”

The program empowers the students, gives drivers a choice, and provides education to both the students and drivers, new and seasoned. Despite its astounding success, the program is initiated infrequently because police prefer to have tangible evidence of offenders, such as a speeding ticket.

Advanced, cutting-edge multiple camera technology is taking the loophole out of a single camera system, reports The Calgary Sun. The result: drivers who drive even 10 – 20 km/h over the limit are guaranteed to get speeding tickets.

This photo radar technology is being tested in Britain and tracks the motorist from the minute the car enters a particular section of the road until the moment it leaves.

The system uses digital licence-plate recognition software to track the car and source the name and address of the (un)lucky motorist.

Ontario drivers don’t have to sweat just yet, though. It’s the province of Albert that’s attempting to pass legislation that will allow these cameras on the roads. In fact, they’ve already changed the law. They’re just waiting for the legislation to pass and expect the first fines to be issued in 2009.

Additionally, proponents of the system claim that its calculations actually err on the side of the motorist. The computerized cameras will be placed intermittently along a major road and calculate the average speed over a number of kilometers. The Calgary Sun illustrates how this works:

Read the rest of this entry »

Tuesday’s MetroNews article, “Doubts still riding racing law” confirm our late summer reports that the anti-racing law is still under the microscope, despite favourable statistics. Critics just aren’t buying into the positive assurances made by Ontario Premier Dalton McGuinty and Provincial police commissioner Julian Fantino that lower traffic fatalities are due to the effectiveness of this new traffic law.

It’s been over a year now that Ontario passed this street racing law and it immediately raised concerns from opponents who questioned whether these amendments are ‘unjustly punitive’ and in violation of the Charter of Rights. These questions appear to be justified based on an extremely low 33% conviction rate. MetroNews reports that one constitutional expert maintains statistics suggest critics were not off-base.

In one year, 8,459 drivers (source: Canadian Press) have been charged with street racing and 7,000 have had their licences suspended and their vehicles impounded. And no one is safe from this law – including drivers of all ages, police officers and even garbage trucks.

With a conviction rate now at 41%, fines from $2,000 to $10,000, and the threat of vehicles being impounded for a week, it should slow drivers down. TheRecord.com reports, however, that a daily average of 23 drivers caught speeding at 50 km/hr and over as compared to 40 per day from the onset of the legislation.

There have also been 100 fewer traffic-related deaths compared to the same time last year. And while there may be other factors affecting these stats, the fact remains: speed kills. OPP Constable David Woodford is firm in his belief that they are taking dangerous drivers off the road.

So what do you think, Readers, are the harsh repercussions of the Ontario racing law just, or unjust?