Radar detector offense

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hwybear
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Re: Radar detector offense

by: hwybear on
Tue Apr 12, 2016 8:52 am

Not all cruisers are equipped the same. I will guess within our area...
About 15 cruisers, 10 moving radar units(radar affixed in cruiser), 2 handheld radar, 2 lidar, 2 RDD and one ALPR (automated licence plate reading).
So 13 units without a RDD.
Above is merely a suggestion/thought and in no way constitutes legal advice or views of my employer. www.OHTA.ca


evois
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by: evois on
Mon May 09, 2016 1:06 am

hwybear wrote:Not all cruisers are equipped the same. I will guess within our area...
About 15 cruisers, 10 moving radar units(radar affixed in cruiser), 2 handheld radar, 2 lidar, 2 RDD and one ALPR (automated licence plate reading).
So 13 units without a RDD.
do you have a RDD? did you pull me over?


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by: UnluckyDuck on
Mon May 09, 2016 9:30 am

Whether he did pull you over or not, it wouldn't matter. He couldn't even answer the question because he doesn't have the details of your stop. They're rare offenses yes, but certainly not one in a million.

As of a defense of having a radar in the car, take a look at the section:

79 (2): No person shall drive on a highway a motor vehicle that is equipped with or that carries or contains a speed measuring warning device. 1996, c. 33, s. 12.

So basically, if you have a radar detector in the vehicle, you will get charged. The exception is:

Subsection (2) does not apply to a person who is transporting speed measuring warning devices in sealed packages in a motor vehicle from a manufacturer to a consignee.

So unless you were driving a delivery truck with it sealed in it's packaging, it does not apply to you.

If you were thinking of fighting the charge based on the officer not being allowed to search your car,:

A police officer may at any time, without a warrant, stop, enter and search a motor vehicle that he or she has reasonable grounds to believe is equipped with or carries or contains a speed measuring warning device contrary to subsection (2) and may seize and take away any speed measuring warning device found in or upon the motor vehicle.

If you take it to court, it doesn't matter if it is valid in your own state. You want to drive on our roads, you play by our rules. They have the evidence they need against you (confiscated RD Unit) therefore it'll be a slam dunk for the prosecution if they take it to trial. You could probably get a reduced fine, but at the end of the day, is it worth it to take a day to drive to Canada to get a reduced fine. IMHO I would just pay this and forget about it. It's only a monetary fine, and has no insurance impact since you stated before, Ontario doesn't have an agreement with Arkansas.


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by: evois on
Thu Jun 30, 2016 5:14 pm

Update on my case. Just went to traffic court and they called the witness who is the constable that pulled me over. He is an expert in spectre but he really doesn't know anything about new technology. I figured that out during cross examination. The spectre they use was manufactured in 2003. Even with spec sheet it says it detects most not all radar detector and he admitted that it detects falsies from other signals, and could have detected my adaptive cruise control which he didn't know exist already in new cars/SUV's. He also gave a different color of my vehicle. The prosecutor cannot claim victory because the witness wasn't very convincing. But the fact that he was able to get my detector speaks for itself. There is no arguing about that. By merit alone and my performamce(I'm a MD) not a lawyer they should have dropped the case. They lowered the fine in half which was a moral victory in itself but no V1 back. Beware american drivers with radar detectors, it's an unfair traffic law being perpetuated in Canada. Use escort redline or none at all. Your V1 will get you in trouble.


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by: evois on
Thu Jun 30, 2016 5:23 pm

If it was my watching lots of law and order, judge judy and court tv, it helped. The Justice of Peace experience was very exciting. Everybody were nice and even the OPP constable, judge(worship) and prosecutor and staff. It made me relaxed since it was my first time in court. I thought I was role playing;).


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Decatur
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by: Decatur on
Thu Jun 30, 2016 7:34 pm

So if " it's an unfair traffic law being perpetuated in Canada." I guess you're better add nine US States to your list of unfair traffic laws"

Even if you had been found not guilty, the device would still have been forfeited. Best bet Is to leave them at home.


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by: evois on
Thu Jun 30, 2016 7:40 pm

Decatur wrote:So if " it's an unfair traffic law being perpetuated in Canada." I guess you're better add nine US States to your list of unfair traffic laws"

Even if you had been found not guilty, the device would still have been forfeited. Best bet Is to leave them at home.

At least those states don't confiscate the detector. You might pay a fine, that's ok but they give back or don't take your personal property.


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by: evois on
Thu Jun 30, 2016 7:45 pm

And the law is broad that the OPP uses it for revenue. I think you have a better chance in court with CWP than a speed measuring device?


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by: bend on
Fri Jul 01, 2016 8:31 pm

evois wrote:And the law is broad that the OPP uses it for revenue. I think you have a better chance in court with CWP than a speed measuring device?
I'd have to disagree. There's nothing broad about law covering radar detectors in Ontario. You can't have them in your car, period. They can't be in your trunk, they can't be in a box, they can't be under the seat, etc. There's one exception for transporting them and it was made specifically for a company based in Ontario that manufactured radar detectors.


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by: evois on
Fri Jul 01, 2016 9:55 pm

bend wrote:
evois wrote:And the law is broad that the OPP uses it for revenue. I think you have a better chance in court with CWP than a speed measuring device?
I'd have to disagree. There's nothing broad about law covering radar detectors in Ontario. You can't have them in your car, period. They can't be in your trunk, they can't be in a box, they can't be under the seat, etc. There's one exception for transporting them and it was made specifically for a company based in Ontario that manufactured radar detectors.
Exactly! It's a broad law. Most US drivers have radar detector. So, even if you don't use it but have it, it's illegal. Where would be the perfect place to collect the revenue? Sarnia and Windsor. That's why even if the stop was illegal and the OPP admitted not seeing the V1 turned ON or see me turn it off, which means the device was non-functional just because the V1 was in my possession, the judge couldn't rule in my favor. Spectre manufacture date-2003, vehicle in question 2015 Cadillac Escalade Platinum with adaptive cruise control with long and short radars within the working range of the Spectre.


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