Radar detector offense

evois
Newbie
Newbie
Posts: 12
Joined:

Radar detector offense

Unread post by evois on

sorry for reviving this thread as it is also the reason I signed in. Got pulled over crossing Michigan to Ontario because of my radar detector. The OPP apparently has a RDD and even if I was just at speed limit, he confiscated my V1 and gave me cad$ 170.00. I plan to choose option 3 appear in court and have officer appear in court. I'm US citizen from arkansas. I get free use of the 407etr as Canada has no agreement with AR.


bend
Moderator
Moderator
Posts: 1153
Joined:

Posting Awards

Moderator

Unread post by bend on

evois wrote:sorry for reviving this thread as it is also the reason I signed in. Got pulled over crossing Michigan to Ontario because of my radar detector. The OPP apparently has a RDD and even if I was just at speed limit, he confiscated my V1 and gave me cad$ 170.00. I plan to choose option 3 appear in court and have officer appear in court.
I gave you your own thread since the other one was a couple years old.

I understand you're pleading not guilty, but what's exactly is your defense? Radar detectors are illegal in Ontario. They can't be anywhere in your vehicle. You're not going to get your detector back.
evois wrote: I'm US citizen from arkansas. I get free use of the 407etr as Canada has no agreement with AR.
That doesn't mean it's "free".


jsherk
High Authority
High Authority
Posts: 1722
Joined:

Unread post by jsherk on

You need to plead not guilty and request a trial with the officer present. Once you get you Notice of Trial you can request disclosure (officers notes). Once you get the notes, post them here.
+++ This is not legal advice, only my opinion +++


Observer135
Member
Member
Posts: 128
Joined:

Unread post by Observer135 on

free 407?
Now that is funny, thank for the laugh, I needed that...


bend
Moderator
Moderator
Posts: 1153
Joined:

Posting Awards

Moderator

Unread post by bend on

jsherk wrote:You need to plead not guilty and request a trial with the officer present. Once you get you Notice of Trial you can request disclosure (officers notes). Once you get the notes, post them here.
Can you add a little more to the discussion rather than copy and pasting the same response everywhere?


evois
Newbie
Newbie
Posts: 12
Joined:

Unread post by evois on

Observer135 wrote:free 407?
Now that is funny, thank for the laugh, I needed that...

this is actually true. I have used 407 a few times but never got a toll fee letter in the mail considering I'm in the US. So, I called the customer service number of 407etr and she said that there is no way I can pay it since I'm from the state of AR(arkansas). I gave her my tag(plate number) and she searched and it did not show anything. The only way I can pay it is if I want to pay it and order a transponder. true story.
Last edited by evois on Thu Mar 24, 2016 12:44 am, edited 1 time in total.


evois
Newbie
Newbie
Posts: 12
Joined:

Unread post by evois on

bend wrote:
evois wrote:sorry for reviving this thread as it is also the reason I signed in. Got pulled over crossing Michigan to Ontario because of my radar detector. The OPP apparently has a RDD and even if I was just at speed limit, he confiscated my V1 and gave me cad$ 170.00. I plan to choose option 3 appear in court and have officer appear in court.
I gave you your own thread since the other one was a couple years old.

I understand you're pleading not guilty, but what's exactly is your defense? Radar detectors are illegal in Ontario. They can't be anywhere in your vehicle. You're not going to get your detector back.
evois wrote: I'm US citizen from arkansas. I get free use of the 407etr as Canada has no agreement with AR.
That doesn't mean it's "free".

thanks for the thread. I searched ALL ontario laws and YES it is illegal. My defense is or can be that it is hardwired and I cannot remove it in a prudent safe time(?) since I just crossed the border of MI which detectors are free to use? First time offender? I drive a new 2015 escalade with adaptive cruise control and maybe it can trigger the same falsies in their RDD? I read the law and it's cut and dry except it says it is up to the judge to decide and/or whether it can be returned. thanks for all the replies. But to ask the question, nobody actually fought this ticket in this website?
Last edited by evois on Thu Mar 24, 2016 12:45 am, edited 1 time in total.


evois
Newbie
Newbie
Posts: 12
Joined:

Unread post by evois on

jsherk wrote:You need to plead not guilty and request a trial with the officer present. Once you get you Notice of Trial you can request disclosure (officers notes). Once you get the notes, post them here.

I mailed the ticket with option 3 checked requesting for a court date.


bend
Moderator
Moderator
Posts: 1153
Joined:

Posting Awards

Moderator

Unread post by bend on

evois wrote:thanks for the thread. I searched ALL ontario laws and YES it is illegal. My defense is or can be that it is hardwired and I cannot remove it in a prudent safe time(?) since I just crossed the border of MI which detectors are free to use?



It wont matter. Doesn't matter if it's glued to the dash, under the seat, in the trunk, in a box, taking it to the post office, on, off, etc. They cannot be in your car, period. Whether or not you came from somewhere it's legal isn't going to matter. There's signs once you enter Canada warning drivers of this very scenario. Not that they are required (it's your responsibility to know), but it doesn't exactly help your cause.

evois wrote:First time offender?


It wont get you your device back.

evois wrote:I drive a new 2015 escalade with adaptive cruise control and maybe it can trigger the same falsies in their RDD?



I'm not sure I follow. Are you suggesting they possibly didn't have the right to pull you over?

evois wrote:I read the law and it's cut and dry except it says it is up to the judge to decide and/or whether it can be returned. thanks for all the replies. But to ask the question, nobody actually fought this ticket in this website?



They wont give you your detector back.

Because you're from Arkansas, you're never going to see this on your driving record and your insurance company isn't going to care.

All you're really fighting is the fine. I don't know how you'd be able to ever defend this one. They received a signal from a device and ended up pulling a detector from your car. You can't put the genie back in the bottle. So unless the officer moves to Florida or some other gift from upstairs falls in your lap, you're not going to win any trial. Even then, I don't believe you'd get your detector back anyways. Detector is usually worth more than the fine.

As for the 407, you're totally correct. Not all states will have an agreement in place (usually it's just the surrounding states in close proximity). If not, your state would never release the information of the plate owner. You'll certainly have a section of out of province and U.S. drivers who will never receive a bill. Technically it's not free because anyone using it is responsible for the fees, but if they can't follow up, there isn't much they can do. Whether or not it would be possible to keep a running tally for when agreements expand and would have access to who owned what plates and when... I guess it would be possible but I doubt it. Sounds like they're not keeping any of that info anyways.


evois
Newbie
Newbie
Posts: 12
Joined:

Unread post by evois on

bend wrote:
evois wrote:

I'm not sure I follow. Are you suggesting they possibly didn't have the right to pull you over?

.
yes, the new escalades have the adaptive cruise control that uses radar and that give a false beep and technically they cannot assume that a RD was in the vehicle?


User avatar
hwybear
Moderator
Moderator
Posts: 2933
Joined:
Location: In YOUR rearview mirror!

Moderator

Unread post by hwybear on

evois wrote:
bend wrote:
evois wrote:

I'm not sure I follow. Are you suggesting they possibly didn't have the right to pull you over?

.
yes, the new escalades have the adaptive cruise control that uses radar and that give a false beep and technically they cannot assume that a RD was in the vehicle?
The RDD does not pick up radar signals or any of these vehicles sensors.
Above is merely a suggestion/thought and in no way constitutes legal advice or views of my employer. www.OHTA.ca


evois
Newbie
Newbie
Posts: 12
Joined:

Unread post by evois on

hwybear wrote: The RDD does not pick up radar signals or any of these vehicles sensors.
if the RDD was manufactured/purchased 12/15 then maybe. it mentions distronic(R) is not detected in the spectre IV(elite) website which is what MB uses but not the other manufacturers. That is why all RD companies are adding all the junk filters, etc.


Stanton
High Authority
High Authority
Posts: 2111
Joined:
Location: Ontario

Unread post by Stanton on

evois wrote:
bend wrote:
evois wrote:

I'm not sure I follow. Are you suggesting they possibly didn't have the right to pull you over?

.
yes, the new escalades have the adaptive cruise control that uses radar and that give a false beep and technically they cannot assume that a RD was in the vehicle?
To answer that particular question, the requirement for a police officer to stop and search a vehicle for a speed measuring warning device is only reasonable grounds. So even if there was the possibility of a false positive signal, that doesn't mean the grounds are suddenly negated. Remember, reasonable grounds is not the same as absolute certainty. And the grounds are subjective and can be based on the individual officer's training and experience.

Some other possible factors that could support the officer’s decision to stop a vehicle:
Is the vehicle from a State or Province where radar detectors are legal?
Was the subject’s vehicle observed slowing down when a radar device was activated?
Does the officer frequently experience false positives from other vehicles that are of the same make/model?

I'm actually curious though if cruise control/crash avoidance radars would actually trigger the police detectors. I've read that certain radar detectors can get false positives from other vehicles, but I was under the impression that detector detectors were looking for a different signal then the radar itself.


User avatar
hwybear
Moderator
Moderator
Posts: 2933
Joined:
Location: In YOUR rearview mirror!

Moderator

Unread post by hwybear on

Stanton wrote: I'm actually curious though if cruise control/crash avoidance radars would actually trigger the police detectors. I've read that certain radar detectors can get false positives from other vehicles, but I was under the impression that detector detectors were looking for a different signal then the radar itself.
Exactly...the RDD is not looking for a radar signal.
The avoidance systems do not trigger the RDD. If that were the case it would be a constantly activated as the cruisers have those systems too. Then add in probably 10% of vehicles now have those systems. I often go several weeks without an alert, which is hundreds of vehicles with these systems
Above is merely a suggestion/thought and in no way constitutes legal advice or views of my employer. www.OHTA.ca


UnluckyDuck
Member
Member
Posts: 201
Joined:

Unread post by UnluckyDuck on

Just curious, do all police vehicles come equipped with RDD? The reason why I'm asking is from April - September, the same woman, driving the same convertible Porsche with the plate "Hate 2 Wait" keeps driving erratically down Birchmount everyday. I always look over, and I always see a Radar Detector mounted on her dashboard. Its in clear visible sight if you look in the car. I'm trying to figure out how she hasn't been caught yet.






Post Reply

Return to “Motor vehicle equipped with or carrying a speed measuring warning device”