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Section 172 And Section 128

Posted: Thu Jan 22, 2015 1:37 am
by jsiddiqi

I was driving my car the other day, it was at night time I was going downhill on a 60 zone, I let my car go and I got up to a speed of 120. I got pulled over and the police charged me with act 172 and 128. He impounded my car and suspended my license. What I don't get is how come I got charged with 2 acts, shouldn't the officer choose one of them?


If I got charged incorrectly, what are my rights?


I have a clean record, I don't want my insurance getting effected. Is there anything I can do to save it?


Thanks,


Re: Section 172 And Section 128

Posted: Thu Jan 22, 2015 5:42 am
by cibinv

Nope it's correct. The 172(1) is the stunt driving charge for going 50 km/H over the limit and the other one is the straight speed. A careless driving charge could also have been laid. You most likelyay be offered an deal on one of the charges if you don't choose to fight it. If so take the speed.


Re: Section 172 And Section 128

Posted: Thu Jan 22, 2015 6:30 am
by bend
jsiddiqi wrote:What I don't get is how come I got charged with 2 acts, shouldn't the officer choose one of them?

The short answer is no. The long answer is we probably don't know enough about your case to give you a definitive answer. There's lots of circumstances that can fall under stunt driving that will see you get charged. You don't have to be speeding 50km over to be charged with stunt driving. So in a nutshell, there's multiple answers to this question.


Also, I don't know if you're implying that you were traveling 60km downhill when your vehicle hit 120km on momentum alone. If that's the case, I wouldn't repeat that. It's insulting. It doesn't help your case.