Law Talk: Speeding comes with consequences

On September 30, 2007, the Ontario Government enacted legislation that drastically increased the penalty for speeding more than 50km/h over the posted speed limit. Somewhat inappropriately referred to as the “shock and awe campaign,” the new legislation is aimed at combating street racing and reducing fatal motor vehicle accidents that commonly claim the lives of innocent third parties.

In accordance with the new legislation, drivers going 50km/h or more over the speed limit are automatically considered to be “stunt driving” pursuant to s. 172 of the Ontario Highway Traffic Act.

As a “stunt driver,” you will instantly lose your license and vehicle for seven days. This happens at the roadside, without any trial.

What most people don't realize is that this process is completely automatic. There's no way to talk your way out of the impoundment or suspension. The police have no discretion because the legislation says that they must impound the car. It also doesn't matter if you happen to be driving your friend's, parent's, or company's car. Their car will be impounded for seven days, and there is no way for them to get it back. Before the car is released, the costs of impounding must be paid.

All of that happens immediately upon being caught by a police officer. What comes next is no less unpleasant. You will be inconvenienced by having to attend court (probably more than once) in order to contest your charges or plead guilty. Either way, we strongly recommend that you consult a lawyer.

Upon conviction, you could be imprisoned for up to six months. For a first offence, you could lose your licence for up to two years. The absolute minimum fine is $2,000, and the maximum fine is a line-of-credit crippling $10,000.

And that's to say nothing of what your insurance premiums will look like after a conviction. After a completely cursory, non-scientific study using kanetix.ca, this author concluded that insurance rates doubled if not tripled after a conviction for speeding 50km/h over the limit. The insurance rates remain high for years after the conviction.

Although drivers are entitled to take their proceedings to court, there exists no appeal from, or right to be heard before the officer may suspend driver's licences and impound vehicles.

Aggressive drivers should therefore keep a few reliable friends on standby, as they may find themselves stranded on the highway as they watch their wheels being towed to the nearest impound facility. On a positive note, given the magnitude of the fines they face, paying for a cab will likely be the least of their worries.

UPDATE: The validity of this law is currently being challenged in the courts. As of this publication, the police continue to treat the law as if it applies and will continue seizing cars. However, if you are charged, it is imperative that you speak to a lawyer immediately as you may have a constitutional defence.

This column provides legal information only and is produced by the students of Community Legal Services and Pro Bono Students Canada (UWO). If you need legal advice please contact a lawyer, community legal clinic or the Lawyer Referral Service at 1-900-565-4LRS (a $6.00 charge will apply). You can contact Community Legal Services at 519-661-3352 to book an appointment to discuss your legal issue or mediation services. Fanshawe College students may also book an appointment to attend our outreach clinic at the college. Please call us at 519-661-3352 with any inquires or to book an appointment.