The province’s street racing legislation faces a test Monday in the pre-sentencing of a man who’s admitted guilt in a crash that killed two women just over two years ago.
Best friends Cynthia Dougherty, 49, and Mariarosa Dalsass, 44, were killed instantly when Dougherty’s Pontiac Grand-Am was struck by another vehicle on Highway 50, in Brampton, on Oct. 6, 2007. Six cars and a truck were involved in the terrible crash.
Dougherty's husband Derek, who was travelling just a few car lengths ahead, witnessed the collision.
Two other drivers in the crash, brothers Steven Machado and Brian Machado, were arrested at the scene and had their vehicles -- an Audi and BMW -- and licenses seized by authorities under the province’s street racing and aggressive driving law.
Steven Machado pleaded guilty to two counts of criminal negligence causing death last July. During pre-sentencing on Monday, the Crown plans to label him as a street racer in the hopes of getting a harsher penalty.
His brother, facing the same charge, goes to trial next year.
The two were allegedly driving 140 km/h in an 80km/h zone when Steven drove on the gravel shoulder to pass a truck and lost control.
The province has recently had to defend its street racing law following two court rulings that stated the legislation violated Charter Rights.
Last week a judge in Newmarket dismissed a street racing charge against an 18-year-old woman caught speeding 50km/h over the posted limit because the law only allows the accused limited grounds for defence.
A judge in Napanee came to the same conclusion about the law last year.