[ZTWsquared]

Flofocus,Jun 15 2006, 01:02 PM Wrote:Ok, but that doesnt change anything from what I said.  Its still up to the officers dicretion.[right][snapback]193259[/snapback][/right]

I think you're still missing/ignoring a couple of salient points:

1) For you to have any concerns with this legislation, we must assume you have already been convicted of one of four very serious offenses and you're already in big trouble; odds are a collision has been involved and we're not talking about simply accelerating quickly to the speed limit.

The cop has already given his evidence at trial and the normal rules of evidence have applied and you and your attorney have already failed to discount their evidence.

If the cop used any discretion in terms of charging you or his testimony against you, it's the same discretion he has now - the addition of street racing provisions for sentencing hasn't changed anything relative to a cop's discretion.

2) As a matter for sentencing, it will be a judges decision whether or not the street racing provisions should apply; and in making that determination the judge (not the cop) will look at Bill C-65 and its definitions of street racing for guidance (see text copied below). If the judge is doing his job he will assess all evidence (and not just the cops) in making his/her determination - and we will assume that you have had the opportunity to testify at your trial. If you don't think you were street racing and testified accordingly, the judge is required by law to consider your testimony.

If anything - once convicted you should be more concerned with the judge's discretion than with the cop's.

Bill C-65, Ove Wrote:A. Definition of “Street Racing” (Clause 1)
Clause 1 of the bill defines “street racing” for the purposes of the Criminal Code.(41) The new definition, which will appear in section 2 of the Code, is stated in general terms, unlike, for example, the definition in the British Columbia statute.(42) This could be, among other things, because the definition in the bill relates to two offences – criminal negligence and dangerous driving – that are already described in the Code.(43) It can apply to a broad range of activities, and it relates both to organized street racing and to improvised events.

The bill uses the expression “race with another motor vehicle” (emphasis added), which implies that two or more vehicles participate in it. The proposed definition therefore does not seem to include a race against the clock, in which only one motor vehicle is involved.(44) As well, the expression “motor vehicle” is already defined in section 2 of the Code,(45) and it might mean that a race between, for example, motorcycles, snowmobiles or all-terrain vehicles could be characterized as a “street race.” On the other hand, under the definition in the bill, the “race” must take place in a public place.(46)

Bill C-65, Ove Wrote:(41) The definition reads: “street racing” means operating a motor vehicle in a race with another motor vehicle on a street, road, highway or other public place.”