OHTA.ca

Morning,

I was out for a lovely midnight drive downtown, I approached a green light in the left lane with my blinker on. I stopped my vehicle due to a couple of people at the corner, when I noticed they were not crossing the road I hit the gas on my vehicle (charger) a little too much causing my tires to spin for around 1~2 seconds until I realized and my traction control kicked in.

Luckily for me, a cop was right there when I was turning. I was pulled over, detained in the back of the cop car while my vehicle was searched. Cop came back, informed me that my car will be impounded for 7 days and my licence suspended for the same. The officer stated that I had done a "half donut", my vehicle was out of control and I almost hit the pedestrians.

Fast forward a little bit, I receive my ticket and grab the stuff out of my car and start walking home. On the ticket the officer stated that the offence was "Drive motor vehicle - Perform stunt - Cause tires to lose traction, Spin on angle out of control, too close to pedestrian and objects."

Where I live, it had just snowed a couple of days prior and there is fresh salt/sand on the pavement, it hasn't been removed yet.

best part of this; When the cop removed my handcuffs he told me to "get my *EDIT* and go."

Please note: address on the ticket is wrong. (I know that's not enough to get thrown out)

Any advice on what I should do?

A tidbit of additional information; My vehicle was never out of control nor did it do a "half donut". I was in the left turning lane and went into the proper lane after I turned. The tires merely lost traction at the beginning not while I was turning.

I believe that to support a conviction the prosecution has to establish intent, and that is hard to do based on a 2 second observation. Having traction control may also aid your case. Hopefully you have photos of the salt or sand. All that being said the consequences of being convicted are very harsh from an insurance perspective. So if you get a good offer to settle the case I would give it serious consideration.

ynotp wrote: ↑Tue Apr 24, 2018 8:28 am

I believe that to support a conviction the prosecution has to establish intent, and that is hard to do based on a 2 second observation. Having traction control may also aid your case. Hopefully you have photos of the salt or sand. All that being said the consequences of being convicted are very harsh from an insurance perspective. So if you get a good offer to settle the case I would give it serious consideration.

Unfortunately no photos were taken because it was 2am and I just wanted to go home.

On a side note, I talked with a paralegal today and he assured me he was certain that the incident that I was involved in doesn't constitute Stunt Driving.

Due to work, I will be unavailable to attend my summons in early June so i'll have to hire a paralegal/lawyer regardless.

Just as an update about the situation;

Turns out that the officer didn't actually suspend my licence, just took it. I had to pay $35 for a new card instead of the $180 or whatever to reinstate my licence.

As for the tow, it cost me $900. The tow truck company charged me $300 to tow my vehicle less than 5km then charged me for 8 days storage for some reason. In addition to this, they have no set rates posted anywhere on their website or in store.

Does anyone know Bill 15 well that can comment on this? Even though it was a forced seizure, there should still be some regulation, yea?

Edit:

Publication of rates

65.8 A tow and storage provider shall maintain a current statement of rates charged and shall make the statement available publicly and, where the regulations prescribe the form and manner of the statement and its publication, shall do so in the prescribed manner.