06-16-2006, 03:02 AM
ZTWsquared,Jun 15 2006, 12:38 PM Wrote:Note to Flo, Hab, hardkore and Nos ---- reading is a really good thing and should be done before posting about something you haven't researched.
Read the following and if you're still worried about a cop's discretion, I have more:
Bill C-65 - Wrote:Bill C-65 does not create a new offence. It should be noted that the proposed amendments apply only at the sentencing stage, that is, when an accused has been convicted of one of the offences referred to in the bill. There are four offences in question, under the Code: criminal negligence causing death,(2) criminal negligence causing bodily harm,(3) dangerous driving causing death(4) and dangerous driving causing bodily harm.(5) Where an offender has committed one of those four offences and was street racing at the time, the judge must then, in determining the appropriate sentence, consider the fact that this is an aggravating circumstance. In addition, the judge must prohibit the offender from driving a motor vehicle for a specified period of time.Bottom line: the "street racing" provisions only come into play after you've been convicted of one of the above named offences - as I said before in another post - there is no such charge as "street racing" and therefore cops can't apply any discretion they don't already have.
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Ok, but that doesnt change anything from what I said. Its still up to the officers dicretion. The cop will go to court and will say his peice, the judge will use his testimony(as well as the current law, as you posted) for sentencing. If the cop is a douche and thinks you really dont deserve your car anymore, Im sure he can convince the judge I was street racing better than I can prove that I wasnt. ;)
Buh bye license
Buh bye car