Crown:   P. Ledger, Office of the Crown Attorney, Owen Sound
Defence:  Craig Penney, Toronto Driving Offences Lawyer, Owen Sound

¶ 1 THE COURT:  Mr. M., you stand charged that you did, on or about the 20th day of May 2010, on King's Highway 35, Town of North Peninsula, commit the offence of drive a motor vehicle on a highway in a careless manner, contrary to section 130 of the Highway Traffic Act. Sir, do you understand that charge?

¶ 2 CLIENT:  Yes I do, Your Worship.

¶ 3 THE COURT:  And to that charge, how do you plead?

¶ 4 CLIENT:  Guilty, Your Worship.

¶ 5 THE COURT:  And Mr. M., you are further charged that same date, time, and place, in other words you are charged that you did on the 20th of May 2010 at Highway 35, in North Peninsula drive a motor vehicle on a highway in excess of the speed limit, to wit, 95 kilometres per hour in an 80 kilometre per hour zone, contrary to Section 128(1) of the Highway Traffic Act. Do you understand that charge sir?

¶ 6 CLIENT:  Yes I do, Your Worship.

¶ 7 THE COURT:  And to the charge as I've read it to you sir, how do you plead?

¶ 8 CLIENT:  Guilty, Your Worship.

¶ 9 THE COURT:  Okay. Have a seat for just a minute.

¶ 10 CROWN:  The facts are as follows. On Thursday May 20th, 2010 at approximately 5:26 p.m., the defendant was operating a motorcycle. He was travelling eastbound on Captain Road 11. The defendant registered a speed on a Genius VP Directional Radar greater than 15 kilometres an hour over the speed limit. The police observed the vehicle operated by this defendant. The emergency lights were activated. The accused continued to operate that motorcycle without due care and attention. Those are the facts in a nutshell.

¶ 11 MR PENNEY:  Yes, Your Worship. He's specifically admitting that he was driving that day without reasonable consideration for other persons on the road. That's the basis for the careless driving and he does admit to speeding as well for the 15 over.

¶ 12 THE COURT:  Okay. Then I'm going to register convictions on both of these charges that were read to him here this morning. Submissions on penalty here, I mean, the Court's hands are tied fairly tightly on speeding charges because the penalty is determined by multiplying a set figure by the amount of kilometres over, but there are two figures we can go with here. So Mr. Ledger, what were you looking for, for fine there?

¶ 13 CROWN:  The statutory with respect to the speeding matter, and we've agreed as a joint submission of a fine of $600 on the careless.

¶ 14 MR PENNEY:  Yes, Your Worship, and that is joint. He understands that there's a Victim Fine Surcharge that will automatically apply to both of those fines.

¶ 15 THE COURT:  Okay.

¶ 16 MR PENNEY:  I'm prepared to give Your Worship some background on Mr. M., if Your Worship needs to hear it.

¶ 17 THE COURT:  Yes.

[Both counsel made submissions as to sentence.]

¶ 18 THE COURT:  Okay. I'm content with everything here. The speeding charge will carry a fine of $45. The care of a motor vehicle on a highway in a careless manner carries a fine — at least I'm going to honour the Crown's request here for a $600 fine. It's well within the parameters of what the law allows for. So he has about $650 more or less plus Victim Fine Surcharges, and I'd be happy to give him some time to pay that if that was of assistance to him.

¶ 19 MR PENNEY:  Thirty days will be sufficient, Your Worship.

¶ 20 THE COURT:  Okay. I think that there is a criminal Information here though, and I presume the Crown's going to ask it be withdrawn?

¶ 21 CROWN:  Yes, it's going to be withdrawn. All the other outstanding charges are to be withdrawn.

¶ 22 THE COURT:  Okay Mr. M., the criminal matters are going to be endorsed as withdrawn here. I'll do that now. Pay your fines within the time period I've given you and that's all.