Submitted by UnoriginallyGeneric t3_10ra9l3 in nottheonion
meauho t1_j6vg9td wrote
Reply to comment by kevinds in Brampton trucker gets 24 tickets in 24 hours by UnoriginallyGeneric
>I'm pretty sure
AKA: an inaccurate guess that disagrees with the law.
kevinds t1_j6w5mtm wrote
>AKA: an inaccurate guess that disagrees with the law.
>Purpose
>The purpose of section 11(h) is to protect against double jeopardy (Whaling, supra at paragraph 33). Generally, the principle against double jeopardy prevents double punishment for the same acts, as well as the unwarranted harassment of an accused by multiple prosecutions.
Charging a driver for being over-hours 4 different ways is still one act of being over hours.
>(i) Being tried again for the same offence
>This aspect of section 11(h) “is directed at preventing the State from making repeated attempts to convict an individual” (Shubley, supra at 15). In other words, it precludes both (a) trying a person again for an offence that he or she has already been acquitted of, and (b) trying a person again for an offence that he or she has already been found guilty and punished for (Whaling, supra at paragraphs 54, 56).
>(ii) Two offences the same
>The two offences with which the accused is charged or punished must be the same. They must contain the same elements and constitute one and the same offence arising out of the same set of circumstances (R. v. Wigglesworth, [1987] 2 S.C.R. 541; Van Rassel, supra).
Based on the law above, I am pretty sure.
meauho t1_j70hspj wrote
We're ignore the 7-hour time difference and Just go with the fact that you don't understand what double jeopardy is.
Double jeopardy is for the EXACT SAME crime - as in the same charges from the same incident that happened at the same time. Double jeopardy isn't killing someone and never being able to be charged with murder again and it isn't getting out of every speeding ticket because you got one in your life.
It may be possible to argue double jeopardy if he had received the ticket and then a few miles down the road while in route to a place that he can bring himself into compliance he received the same tickets but that isn't what happened.
What happened is he broke the law.
7 hours later he broke the law again
He doesn't get a get out of jail free card just because he already broke those laws.
kevinds t1_j70i9aj wrote
>It may be possible to argue double jeopardy if he had received the ticket and then a few miles down the road while in route to a place that he can bring himself into compliance he received the same tickets but that isn't what happened.
>Double jeopardy is for the EXACT SAME crime - as in the same charges from the same incident that happened at the same time.
He was stopped twice, given tickets twice, but has four tickets for driving more than 8 hours without a break.
>What happened is he broke the law.
>7 hours later he broke the law again
And got 4 tickets for driving without an 8 hour break, the EXACT SAME CRIME.
That is why I said "pretty sure only two of those are valid". One from each time he was pulled over, totalling two.
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