It comes up year after year. The Ontario Government and Police Force's stance on "street racing", "stunt driving" and "modified vehicles". The online forums go ablaze every spring with discussions sparked about Ontario's E.R.A.S.E program, and our so-called "street racing laws" (which umbrellas many definitions, most of which having nothing to do with street racing at all). Having been a victim of this unconstitutional law last year, I know as well as anyone how harsh it can really be.
Let me first paint a picture from my own experience - with complete and utter honesty. It may be a long read. Feel free to skip if you already know, or don't care.
It was around 10:30 on a weekday night. My roommate and I drove to the nearby Tim Hortons (in my pyjamas) to grab a quick coffee because it was raining out. I would also have taken any excuse to drive, as I had just 5-speed swapped my 2001 Lexus IS300. This car is lowered, has an exhaust, 17" aftermarket wheels and stickers describing my love for the car club and drift-racing scene. The car had no crazy or unsafe modifications of any-kind.
As I entered the parking lot, and drove through the lanes to get to the Tim Horton's section, I downshifted from 2nd to 1st (a maneuver not often recommended) at a probable speed of 20 - 25 km/h. The car had a new "race-style" extra grippy clutch - it caught much harder than I was used to. This caused the RWD car to enter a slight spin. And herein lies the catch of the issue. Being a drift-race hobbyist, I am no stranger to driving a vehicle in a seemingly-out of grip situation. My options were: 1) immediately clutch-in and brake to stop the slide, or 2) let the car spin at low speed (in my control) for about 4 feet and pull into the nearest parking spot. I opted for option 2 as the parking lot was deserted. Only it wasn't completely deserted - there were 3 police cars parking in the back of the lot, with 5 officers inside sitting down and drinking coffee. As I sat in the car, face to face through the glass with 5 police officers, I turned and said, "Pat, don't worry. It was just a slip in a parking lot. They won't ticket me."
Well...the officers laughed, save for one who got up, notebook in hand, and came to the car. He insisted on seeing my driver's licence, ownership and insurance. I offered an explanation in complete courtesy (I've never been anything but friendly to a police officer when encountering one), but he mocked me with sarcasm and refused to listen. He then told me I was being charged under the street racing law (for intended loss of traction) as well as with Careless Driving. This meant two charges, a week of vehicle impound and a week long license suspension. He informed me I had a court date, and my car was being impounded. I calmly explained to him I had no idea that this could all be applied in an empty parking lot. I tried to reason and asked for a little discretion and mercy. No such luck. I was then informed my car was going to be inspected for safety. The only justification I was given was "because we can" (direct quote from the officer).
An MTO accredited police officer arrived, and gave my car a full 45-minute safety check. He found NO safety infractions, save for one - my dashboard light did not come on when the e-brake was pulled. Apparently this meant that my "brake failure warning system" was not functioning in the event of a brake malfunction (this is completely false). I told him I recently had it apart and it likely just needed to be plugged in. I was not allowed to attempt a repair, my license plate was pulled and my ownership stamped "unfit".
A week later I had to pay impound fees, trailer rental, new safety inspection for my vehicle, new license plate fees, license reinstatement fee, and more. I had a traffic lawyer fight the ticket for me. He got it reduced, but I still had to pay a fine, lose demerit points, and pay all the fees, as well as having suspensions on my license. He advised me to take the deal, as if I fought this further, a judge may rule potential jail time, as well as a fine increase and a criminal charge (AKA criminal record FOR LIFE).
Needless to say, the more I read about how unconstitutional this law is, the more I wish I had indeed fought it. Now I'm hearing more talk of the E.R.A.S.E program, and how officers are "encouraging the public to call in vehicles they think may be unsafe". This judgement is mostly comprised of vehicles with modified exhausts and ride height.
I can think of hundreds of people I know in the car scene - and I have trouble thinking of even one of those people who doesn't have pride in their car. This is, they don't do crappy, unsafe modifications...they are proud of their work and their car.
http://www.570news.com/radio/570news/article/229123--erase-ing-street-racing - "He says some signs a vehicle may have unsafe modifications include a loud muffler and a lowered suspension. He adds that those alone don't necessarily make a car unsafe but they are indicators and he would encourage the public to call police if they believe the car may be unsafe." This is blatant profiling. As I commented on that news article, you wouldn't call in every adult male walking around your neighborhood with a moustache, claiming they're sexual predators. This is no different.
I think this is long enough for one post. I've got way more, but I'll spread it out. For now, I leave you with two VERY INTERESTING reads. If you have the time, or care enough about this issue, read them. Extremely informative.
http://blog.legalaction.ca/does-ontario%E2%80%99s-new-street-racing-law-violate-the-charter-of-rights/
http://www.thestar.com/news/gta/crime/streetracing/article/729505--ontario-stands-firm-on-street-racing-law
Feel free to comment with reasonable suggestions of how we can raise awareness on this issue.
