Stunt Driving Law Deemed Unconstitutional.

[spd-dmn]

@DudebuD

The basis for the argument is this…

Simply put, speeding has always been considered an “absolute liability” offence. Once a person is clocked over the limit, there is basically no possible defence (unless he can prove the radar gun was defective). As a trade-off for such swift justice, the Charter guarantees that anyone who commits an absolute liability offence—i.e., he has no fighting chance to defend himself—can’t be locked away. Yet now, thanks to the new stunt-driving legislation, a form of speeding is suddenly punishable with prison. “It is unconstitutional,” says Brian Starkman, a lawyer who specializes in street-racing cases. “You can’t have an absolute liability offence co-exist with the potential for jail. That is settled in law.”

Like i said, when a news agency reports it ill post it, until then just be patient.

heard this argument already a while ago. thats ONE angle of attack on the current law and it’s an interesting one…

it definitely violates rules of criminal legal procedure… but what charter right is being infringed according to the argument?

do you have any more to go on than this, as far as this recent development?

eg who deemed it unconstitutional… what was the case? which court? etc etc etc

any chance you can put me in touch with your law working/case following friend?