COBOURG, Ont. - A former Liberal politician whose resume includes stints as Ontario's minister of environment, education, and agriculture may want to re-read the Highway Traffic Act.
Leona Dombrowsky, now a justice of the peace, dismissed a stunt driving charge at a July 23 trial in this city northeast of Toronto because she didn't believe the province's stunt driving law applies to cases of simple speeding when there's no race or wager involved.
Court transcripts obtained by QMI Agency indicate Yue Xu of Toronto was charged with stunt driving on March 7, 2013.
Xu was not in court during the hearing but was represented by F. Chung, who pleaded not guilty on his behalf.
Const. Jeff Tamlin of the Ontario Provincial Police was the only witness called to testify.
He said he clocked Xu's SUV going up to 160 km/h along Highway 401 in Brighton at about 3 a.m.
The defence didn't call any witnesses and had no submissions.
In her ruling, Dombrowsky read part of the Highway Traffic Act that indicates "no person shall drive a motor vehicle on a highway in a race or a contest while performing a stunt or on a bet or wager."
"High rate of speed is a high rate of speed. I guess, in my view, as I read the Highway Traffic Act, I'm looking specifically to hear that there was in some way a race, a contest, a bet or a wager. I heard no evidence in that regard, and as such I find that all of the elements of this charge have not been made out and as such the court finds the defendant not guilty and the charge is dismissed."
But the Highway Traffic Act's definition of "stunt" includes "Driving a motor vehicle at a rate of speed that is 50 km per hour or more over the speed limit."
Within hours of Dombrowsky dismissing the case, the provincial prosecutor filed an appeal.
Since 2007, more than 24,000 drivers have been charged with stunt driving. One officer estimated over 90% of those charges were for speeding in excess of 50 km/h above the posted speed limit.
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