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Originally Posted by Noizz
I would think that although they can still tow your car away on the spot you aren't guilty yet. When you get your speeding ticket it doesn't mean you are pleading guilty so I don't see how this would be any different because in the canadian charter of human rights and freedoms it says:
"Any person charged with an offence has the right to be presumed innocent until proven guilty according to law in a fair and public hearing by an independent and impartial tribunal".
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http://en.wikipedia.org/wiki/Tribunal
"Tribunal in the general sense is any person or institution with the authority to judge, adjudicate on, or determine claims or disputes—whether or not it is called a tribunal in its title.[1]"
I would imagine in the course of dotting the legal i's and crossing the t's, they would have empowered the cops appropriately for these circumstances.
Consider that they're already permitted to tow your car for a number of other reasons: if you're impaired, if the vehicle is unsafe, if the driver is arrested on an outstanding warrant, etc. There never seems to have been a "Charter issue" with these... there's no reason there should be with this.
Quote:
Originally Posted by 1BADMR2
But I think I need to simplify my statements. In my opinion, The courts should decide if the vehicle should be impounded, burnt, recycled, etc. NOT the Police.
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The police are only deciding whether the car should be impounded. You still get it back afterward. Nobody is burning it or recycling it or doing anything else to it other than stowing it for the prescribed time period.
Tell us this: let's assume this was the case, that the court decides your vehicle should be impounded. That means the minute you pay your ticket, you're pleading guilty - you want the truck to come unannounced and tow your car then? Or say you dispute the charge, and lose - should they come and tow it then and leave you stranded at the courthouse? Or are you going to voluntarily go drop it off at the impound yard?
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I am stating that this new law gives the Police too much power
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The worst they can do is take your car and store it for a while - this isn't Ontario where the courts can later decide to destroy your car. They already have the power to impound, and have had for a long, long time. All this does is add another circumstance where impoundment is an option.
That's not an opinion, BTW, that's just a statement of fact.
Quote:
Originally Posted by penner2k
What happens if you lose your car and license and then when you go to court the judge finds you not guilty?
Who pays the impound fee?
Who pays for whatever form of transportation you need to use while you have no car and no license?
Do you just get credit for one free 40+ km/h over the speed limit in the future? lol
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Quote:
Originally Posted by 1BADMR2
Exactly what I am trying to convey. Think out side the box. No one will pay you back so it is up to the courts to decide about impounding the vehicle or whatever else they want to do NOT the Police.
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Skidmark has stated numerous times in other threads that there are provisions in the law for compensation. Why don't you try looking them up, or ask over in PF for a pointer to them?
Try keeping your head inside the box long enough to learn the facts of what you're whining about.