Stunt Driving Charge At Officers Discretion ???
Stunt driving charge at officers discretion ???
I was under the impression that "special powers, of vehicle and license suspension, towing etc." were granted by a MUST DO type clause.
For instance, .05 blood alcohol reading, requires / Mandated, vehicle/license 3 day suspension ... and police are given power to do this, by stating they MUST do it.
After speaking some people, I have discovered quite a few instances of people being 50 over the speed limit and NOT being charged with stunt and in some cases not even given a speeding ticket (once). ** this seems to occur is areas where there is a change is posted speed limit, most often ** Eg) east end of 407, continues into a 60 kph zone, person traveling at 130 kph was NOT charged with stunt.
Reason for asking : I thought the license/vehicle suspension, etc. at roadside for stunt - 50 over, was NOT at officers discretion. I thought it had to be that way, in order for police to have those special powers ... since essentially conviction is occurring at roadside.
The stunt law is confusing at quite a few levels, in terms of absolute clarity.
Question is: does the stunt - speeding charge have any room for officer discretion? If there is room for officer discretion, then isn't the officer themselves acting as judge, jury, executioner?