HTA section 79. (1) - Motor vehicle equipped with or carrying a speed measuring warning device
tdrive2
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Fines - Laser Detectors & Laser Jammers

by: tdrive2 on

Does anyone have some info on the fines for these?


I hear a radar detector i 170 $ + 3 demerit points.


I have no idea for a laser jamming device? I Heard rumors it was 5 points and no idea on the fine.


If this officer pulled you over and found a detector and a laser jammer would it be double the fine or how would an officer deal with this?

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by: racer on

I think that having either device would get you 3 points. Nothing says about the type of the device you have, only "soeed measurement warning device".


Mo logic tell me that if you have both a radar detector and a laser jammer, then the officer might write you 2 tickets, one for each device...


Fines are $100 - $1000, plus court fees. Bear might have experience writing those though.

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hwybear
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by: hwybear on

Any SMWD(jammer or detector) is $170 plus 3 points.

Above is merely a suggestion/thought and in no way constitutes legal advice or views of my employer. www.OHTA.ca
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by: tdrive2 on

Thanks bear if a driver had a laser jammer and a radar detector would you take both and write one ticket or write one for each?


And that would be a total of 6 points and 2 x 175 $ for first time?

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hwybear
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by: hwybear on

One ticket for each device. It would actually then only be 3 demerit points. When tickets with points are wrote at the SAME DATE and SAME TIME the infraction with the highest points is used, no demerit points are assessed for the second or third offence.

Above is merely a suggestion/thought and in no way constitutes legal advice or views of my employer. www.OHTA.ca
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by: tdrive2 on

Thanks for clarification bear.


So for example you pull someone over for stunt driving "50 over" and this guy was also weaving in and out of lanes like crazy so you might give him careless driving.


So he would get both fines his insurer would see both fines but he would lose 6 points because stunt has 5 but since careless has 6 they take the points of the highest charge at that time?

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hwybear
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by: hwybear on

they both carry 6 points

Above is merely a suggestion/thought and in no way constitutes legal advice or views of my employer. www.OHTA.ca
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by: Bookm on

Bear & I have been through this topic on another site, ages ago, but I recall arguing the fact that the HTA makes a vehicle search legal (with reasonable suspicion) but the police had no right to search "the person" though. In one case, the person never admitted to, nor denied, that he had a radar detector in his pocket. The officer arrested him for obstruction of justice and conducted a search, producing the RD and laying the charge. The judge stated that the defendant was not legally bound to assist the officer in his investigation, so there was no obstruction and all charges were dropped (and RD returned) due to improper search.


Now, if memory serves me, I think it was Bear that stated there was a judge in Guelph who has reversed the other judges opinion and concluded that a personal search is acceptable based on suspicion of an RD alone. Not sure how DEEP they can search though!! LMAO (oh, I did NOT just say that, LOL).

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hwybear
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by: hwybear on

Just b/c one can not find a SMWD on a search does not mean that a ticket can not be issued.


- way easier just to listen to the CB, truckers know where the bears are!

Above is merely a suggestion/thought and in no way constitutes legal advice or views of my employer. www.OHTA.ca
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by: Reflections on

Just b/c one can not find a SMWD on a search does not mean that a ticket can not be issued.

Tickets without evidence.....sounds good to me....We can call it Section 172.2

guilt by shifty eyes...... thats a stretch and you know it 'bear



Actually http://www.wheels.ca/article/167046


We have no evidence..... Pretty sure we all could write to Jim and he could put together a nice Saturday article.....

http://www.OHTA.ca OR http://www.OntarioTrafficAct.com
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by: tdrive2 on

Reflections i totally agree.


Your telling me an officer would give you a 100-1000 $ fine and 3 demerit points on suspicion and no evidence LOL!


How can you do that. What if your spectre doesnt detect it.


Does that make driving a nice vehicle and not speeding automatically suspicion of having a SMWD???


What is that. So if you pull over a guy in his late 20's early 30's and he has a nice fast car and is driving the speed limit this is suspicion he has a radar detector? Then if he doesn't comply to a search your gonna issue him a ticket?


Is shifty eyes or being shy now count to? So if your afraid and shy of the officer this is going to be having a SMWD?


Come on tickets with no evidence!!!!


Atleast with 172 they use laser or radar before they steal your vehicle and thats before your day in court!


But fining someone for having a SMWD with no evidence!!!!


CB Radio is okay..... Infact you can even hear the cops talking if you find the right channels.


Where hwybear is though that is way more common the OPP there are all over the 401 not the same here.


Oh wait so a trucker with a CB radio is that now also a SMWD? It could be if you hear the cops on it.


So now they can ticket them all to?

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by: tdrive2 on

Reflections i totally agree.


Your telling me an officer would give you a 100-1000 $ fine and 3 demerit points on suspicion and no evidence LOL!


How can you do that. What if your spectre doesnt detect it.


Does that make driving a nice vehicle and not speeding automatically suspicion of having a SMWD???


What is that. So if you pull over a guy in his late 20's early 30's and he has a nice fast car and is driving the speed limit this is suspicion he has a radar detector? Then if he doesn't comply to a search your gonna issue him a ticket?


Is shifty eyes or being shy now count to? So if your afraid and shy of the officer this is going to be having a SMWD?


Come on tickets with no evidence!!!!


Atleast with 172 they use laser or radar before they steal your vehicle and thats before your day in court!


But fining someone for having a SMWD with no evidence!!!!


CB Radio is okay..... Infact you can even hear the cops talking if you find the right channels.


Where hwybear is though that is way more common the OPP there are all over the 401 not the same here.


Oh wait so a trucker with a CB radio is that now also a SMWD? It could be if you hear the cops on it.


So now they can ticket them all to?

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hwybear
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by: hwybear on

Fellow knuckle heads :lol:


No where did I say NO evidence.


and that "wheels link" there is no applicable charge....quit going off base *sheesh*


There have been many murder convictions without the actual "knife/gun" being located with all the evidence to support the charge. So back to my original, do not need to find the SMWD to support the charge and there is lots of evidence to be had.

(ie: I stopped behind a coworker, walked up to one car with the officer, it was at night, looked as he was talking to the driver and told the officer the vehicle had a SMWD :shock: :shock: sure enough there was one hidden)


BTW...a CB does not pickup radar/lidar signals nor can it interfere with the radar/lidar so therefore it does not meet the definition of a a SMWD.

Above is merely a suggestion/thought and in no way constitutes legal advice or views of my employer. www.OHTA.ca
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by: Bookm on

Ya, when I lost mine (many years ago), the OPP officer just kept pushing buttons on my dash until he came across the correct one! He'd turned his radar on before the search, so it started screaming like it was on fire or something, lol.


He didn't bother looking for the main unit, just gave me the ticket and told me to turn it in to him at the station within a week. I told him I would turn it in. He trusted that I would... and I did. That's how things worked in the 80's. No insurance increase, no problem. Today?.. not sure how it would go down. Would probably lose my left arm to the insurance man.. (and my 1st born) ;)

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by: Reflections on

hwybear wrote:

There have been many murder convictions without the actual "knife/gun" being located with all the evidence to support the charge. So back to my original, do not need to find the SMWD to support the charge and there is lots of evidence to be had.

(ie: I stopped behind a coworker, walked up to one car with the officer, it was at night, looked as he was talking to the driver and told the officer the vehicle had a SMWD :shock: :shock: sure enough there was one hidden)



So you found one whether by Spectre or using the "My Eyes" unit...... either would be evidence.......

http://www.OHTA.ca OR http://www.OntarioTrafficAct.com
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