JohnD1079

ok, So I was driving to work, and I pass by a cop. I was doing about 30km over. I saw the cop looking at me so I know he was going to pull me over. Surley enough, I see him pull a U-turn, and since I was right next to work, I quickly got into the parking lot, locked the car, and started walking away. He pulls into the lot, and asks me questions. He ended up asking for my DL and my papers. When I was getting them, he saw my radar detector on my seat.

He saw that as grounds to search my car and take it away. I was not using it, it was just sitting in my seat. I am from the states, so Im used to using it and whatnot, and I knew you couldnt use in here, but he said I was not allowed to have it at all. Well he took it, and have me a ticket for it and gave me a Property Receipt, and said I would be able to get it after the Ticket is closed(whether I plead guilty or take it to court). Now I called the YRP and the lady at the desk said I will not be able to get it back, no matter what.

so, Can I get it Back?

notguilty

I think you can not get it back man. Ontario is very strict with EVERYTHING now.
What kind was is anyway?

They take em way and ticket people with $140 fine. Is that what you got?

JohnD1079

Yeah, I was a $170 ticket. The thing is he wrong driving with a radar detector, but when he took it away, I wasnt driving, or in the car or anything.

and it was Beltronics Vector 995.

notguilty

To be honest i think it doesn't matter if you were using it or not, as long as they can see it. Which sucks I know.

VWJettaMK2

If you knew you couldnt have it in Ontario and you had it anyways, then you have no one to blame but yourself. Next time dont keep it in the open.

zazzn

you can get it back, it's illegal for him to search your car or you unless it's for drugs.

Also it's not illegal to own a radar detector only to operate a radar jamming /detecting device.

Go to court and get it back I suggest keeping a copy of the highway traffic act in your car to educate the pigs of the laws they are supposed to know.

notguilty

I actually think you're right......

VWJettaMK2

You are wrong. This is what I found on the highway trafic act website;

" Radar detectors, or radar warning devices are illegal to have in your vehicle in Ontario. Even if the detector is not in operation it is illegal to have in the car. Radar Detectors can only be transported in a vehicle if they are in the trunk of the vehicle, or in sealed container. "

Highway Traffic Act of Ontario

79,1 In this section, "speed measuring warning device" means and device or equipment designed or intended for use in a motor vehicle to warn the driver of the presence of speed measuring equipment in the vicinity and includes any device or equipment designed or intended for use in a motor vehicle to interfere with the effective operation of speed measuring equipment.

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.

79,3 A police officer may at any time, without a warrant, stop, enter and search a motor vehicle that he or she has reasonable ground 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.


Good luck winning in court..No chance what so ever of winning..

notguilty

ok I guess he was wrong

zazzn

Ok sorry to add to this I was told you can have a envelope that you drop the device in to and seal it.. I was told they cannot open the sealed mail.

true gt

your from out of the province you can get it back -wasw it working -were you hiding it -what were the cercumstsnces kmparalegal.com

true gt

so we dont get into a long winded arguement turn it into a civil matter its your property- had this happen to clients before. kmparalegal.com depends on how much of a stink you want to make.

Paul R

Looks like you can't get it back if convicted.

true gt

D'ont know if u understand the rules of civil procedure but i can see that u know how to pul up the HTA.
U can get it back.it has been done before.

judgez24

its a grey area. when you enter canada it says that radar monitoring devices are prohibited. that can be interpreted as you cant have them, or if your american dont use them. id ask for it back. if your car is plated as an out of ontario vehicle ask for it back and play stupid. say you didntknow and say you wenret using it, it was jsut on your seat and make up a reason forit being there