Melvin's Case — Dangerous Driving — Plea to Speeding

Background
Melvin loved being on his motorcycle. The police said he loved it too much. They found him in a 80 km/hr zone with the air whizzing by him at 130 km/hr. They alleged he was driving like a maniac. They charged him with dangerous driving. Melvin had a criminal record for drinking and driving. If he were now convicted of dangerous driving, his licence would be suspended for 3 years. Since he was employed as a transport truck driver, Melvin wanted to beat the charge at trial or to resolve the matter without losing his licence. The first Crown I met with had little sympathy for Melvin. We agreed the matter would proceed to trial. Melvin's case then required a meeting before a Judge. This is called a judicial pre-trial. At this judicial pre-trial, I convinced the Crown to accept a guilty plea to a speeding offence under the Highway Traffic Act. Melvin received only a fine.

Melvin's Case
Police Report

Between
Her Majesty the Queen, and Melvin B.

[2002] O.J. No. 5416

Ontario Court of Justice
Newmarket, Ontario
Vaillancourt J.

Sentencing Hearing: 9 December 2002
(22 paras.)

Charge:	Dangerous Driving, Criminal Code, s. 249(1)(a)
Counsel:	L. Thompson, Assistant Crown Attorney, Newmarket Craig Penney, Criminal Defence Lawyer, Toronto

VAILLANCOURT J.: —

¶ 1 THE COURT: All right. Let's arraign him then on the dangerous operation.

¶ 2 CLERK OF THE COURT: Melvin Larry B. stands charged on or about the 28th day of July in the year 2002 at the Town of Markham, in the said Regional Municipality of York, did operate a motor vehicle on a highway in a manner that was dangerous to the public contrary to section 249(1)(a) of the Criminal Code. On September third, 2002 the Crown elected to proceed summarily. How you plead to this charge, sir? Guilty or not guilty?

¶ 3 MR. PENNEY: On behalf of the client, Melvin B., I enter a plea of not guilty to the offence as charged and we enter a plea of guilty to speeding, section 128(1) of the Highway Traffic Act.

¶ 4 THE COURT: And the Crown is content with that ...

¶ 5 MS. THOMPSON: Yes, ...

¶ 6 THE COURT: ... plea?

¶ 7 MS. THOMPSON: ... Your Honour. Thank you.

¶ 8 THE COURT: And the facts then?

¶ 9 MS. THOMPSON: All right. On the 28th of July of this year at approximately eight-45 in the evening police were on patrol northbound on Highway 48 north of Elgin Mills Road in the Town of Markham, in the Region of York. It was still daylight and the roads were dry. At this time police observed a red motorcycle heading southbound on Highway 48. This motor vehicle appeared to be moving at an extremely high rate of speed. It's an 80 kilometre posted zone. Police made a U-turn. The motorcycle appeared to accelerate even faster. Police attempted to catch up to the vehicle and reach 130 kilometres an hour without gaining any ground on the motorcycle. As the motorcycle approached southbound traffic it passed vehicles using the northbound lane and quickly darted back into the southbound lane. The motorcycle repeated this manoeuvre several times and on two occasions was in danger of colliding with northbound traffic. The traffic light for the intersection at Major Mack [sic] and Highway 48 was red for southbound traffic and several cars were stopped at the time. Following - the police car that was following had its lights and sirens on and was about 200 metres behind the motorcycle and as the motorcycle approached the intersection in the right turn lane the southbound traffic light turned green and the motorcycle continued southbound on Highway 48 cutting off southbound traffic in the through lane. It appeared he was trying to evade police. He continued southbound on Highway 48 at a high rate of speed and as it approached 16th Avenue it slowed as the light was red for southbound traffic and there were many vehicles stopped. It was at this time that the motorcycle and Mr. B. were stopped by the police. Now if I could just have a very brief moment. Those are the - those are the facts, Your Honour.

¶ 10 THE COURT: So as far as the speeding goes am I looking at 130 in an 80?

¶ 11 MS. THOMPSON: Yes.

¶ 12 MR. PENNEY: Yes, that's correct, Your Honour. The facts ...

¶ 13 THE COURT: So 50 kilometres over?

¶ 14 MS. THOMPSON: Yes.

¶ 15 MR. PENNEY: That's correct, Your Honour. It's a big statutory fine. I have the section from Quicklaw, Your Honour.

¶ 16 THE COURT: Yes.

¶ 17 MR. PENNEY: It's $9.75 for every kilometre over so $487.50 is the fixed amount. That's the penalty under section 128(14) of the Highway Traffic Act. And the facts, of course, as they relate to the speeding, that my friend has read out are admitted. Mr. B. has given me written instructions to admit that he was driving his motorcycle on the 28th of July, 2002, in Markham at a speed of 130 kilometres per hour in a posted 80 kilometre an hour zone.

¶ 18 THE COURT: All right. The charge of dangerous operation will be dismissed. There will be a conviction under 128(1) of the Highway Traffic Act: the speed of 130 in an 80. The penalty will be $487.50 and I think that also attracts a 20 per cent victim fine surcharge for whatever it is. I'll let the office play with the math. And how much time do you require to have that ...

¶ 19 MR. PENNEY: We were seeking ...

¶ 20 THE COURT: ... paid?

¶ 21 MR. PENNEY: ... 90 days, please, Your Honour.

¶ 22 THE COURT: Time to pay 90 days.