RACING

Aug 27, 2019 | Uncategorized

THE CHARGE

Race a Motor Vehicle
Race a Motor Vehicle – Community Safety Zone

THE LAW

Racing on highway
HTA 172(1) No person shall drive a motor vehicle on a highway in a race or on a bet or wager. R.S.O 1990, c. H.8, s. 172(1).

IN PLAIN ENGLISH THIS MEANS

You cannot race your vehicle on any highway. You do not have to be caught making a wager or bet in order for this to an offense. You can be charged if you “race” from one traffic light to another.

WHY COPS WILL PULL YOU OVER…

It’s a no-brainer why an officer would pull you over for this particular offense. Racing, unless done on a sanctioned racetrack, is extremely dangerous. You can end up seriously hurting or killing yourself or someone else.

STOP IT AT THE CURB…

  • Always be polite and respectful to the police officer – remember, the office is only doing his/her job.
  • Follow the officer’s instructions closely.
  • Ask the office politely why you were pulled over, but do not aggravate the situation.
  • If the officer issues you a ticket, accept it politely and leave the situation without further altercations.
  • Do not aggravate the situation, causing further examination that may lead to other tickets.
  • Take the ticket, follow the instructions on the reverse side and file for a court date.

IF YOU HAVE TO GO TO COURT

  1. You would be strongly advised to seek good legal representation for this charge.
  2. You are trying to win the judge’s compassion, so be extremely polite and always address the judge as “Sir” or “Madam”, or “Your Honor”.
  3. It is extremely important to be presentable. It’s a good idea to wear a suit and a tie. If all goes well, the judge will lessen the time.
  4. Always remember that when you get a ticket, you are innocent until proven guilty. The onus lies on the Crown to prove to the judge that you are guilty of the offense beyond a reasonable doubt. The Crown’s primary evidence to prove you are guilty will be the police officer’s testimony.
  5. Since the Crown’s primary evidence for the case is the police officer’s testimony, if that officer is not present when your trial starts, the judge may dismiss all charges against you.

COMMON SENSE

Don’t race it’s not worth it. The officer need not prove that there was a bet or a wager; the officer only needs to have seen that there was a race, and he/she will then communicate to the court that he/she witnessed a race. In order for the officer to prove this, the court will ask 2 questions:

  1. Was there a contest of speed?
  2. Were there 2 or more vehicles involved?

You can be arrested for this offense.

THE PENALTY

Race a Motor Vehicle
No set fine

Race a Motor Vehicle – Community Safety Zone
No set Fine

Fine to be determined by the judge in court; suspension, possible jail sentence.