BadAssGN

Great Advice and great info

gldwngr

Not necessarily. Not too long ago in Guelph, city police stopped a driver when the RDD in the cruiser detected the presence of a radar detector. Driver hid the detetcor on his person. Cop demanded the detector, driver refused. Driver arrested and taken into custody on obstruct police charges. Searched as part of the arrest procedure, detector found, radar detector charge laid in addition to obstruct police.

Convicted on both charges despite having a full-fledged lawyer representing him. Received conditional discharge on the criminal code obstruction charge with 12 months probation to serve. Fined on the radar detector charge, and no, he did not get the detector back.

Now, you can gamble and take your chances in court when you get caught. You might get off, but you might not either. Even if you do get off, the cost of defending yourself in court can get pretty high, so even a win is really a loss as far as an accused is concerned.

The best defence against a radar detector charge is to simply not own one.

Bookm

Probably didn't present the pertinent case law. I'd love to read that transcript.

Ya, but the feeling you get after a win is well worth it

A great pro-detector site is Radar detector jammer forum: Index. There is even a section devoted to ticket fighting (near the bottom). Many contributors are pro-detector LEO's, and many members are Canadian, eh!

green-eg

it only 170 bucks pay the fine and be done with it, you'll send alot more than that in court

Space Janitor

So what exactly are the repurcussions of getting a ticket for owning one? It almost sounds like a criminal offense if it's on your record forever. Are any demerit points added?

green-eg

its not a criminal offence to my knoledge, there might be 1 or 2 points at most, your insurance will most likely go up a little. i believe it is a mistemeanor. (minor charge, like a window tint fine) you pay ur fine, insurance goes up a little, and it should only be on your record for about 3 years

voltar

No points, and it shouldn't effect your insurance. However you should fight it cause it'll be your little part in changing the system.

spyder83

Just out of curiosity, what kind of detector was it?

green-eg

i got a 110 dollar fine for window tint being too dark that affected my insurance, a radar detector fie almost definately will

crx_domination

One question how the F**k did the cop no it was in your car if it was off.

i hate to say it but guilty with explanation.
like i have kids with no job so i cant pay kind of explanation..lol

Ravell

Unless you now have a VG3 radar dectector... their new spectre3 radar detector detectors will alert a an officer that their is a radar detector nearby and can fine tune to figure out where.... There are atleast 85 OPP cars that I know of in ontario that have them that was a year or two ago.. remember detectors emit detectable frequency leakage in their operation, ocilisoscopes. This is detectable with these newer guns. was a battery operated unit? regardless you were caught with it, anyhoo good luck. P.s owning a radar dector is not illegal you can use it for times and in places where it is legal add that to your defense!

Had to edit.. looked this up for u all see how it works enjoy for you all who dont know much about the RDD systems

http://www.radarbusters.com/resources/flash-videos/spectre.htm


kinda long video but worth watching

Bookm

I haven't heard of a VG3 Radar Detector, but (as of today) there is NO Radar Detector Detector that can detect a Bell STI Driver, so it should be the ONLY one considered in Ontario. But at $500 a pop, it's limited to serious "enthusiasts" only.

A stealthy install is a must, using the optional smart cord. I would also suggest buying only from Radar Roy (google 'im). He's a former Texas State trooper and is considered the "got to" man for RD's. His Forum is loaded with advice from hundreds or RD and Lazer Jammer enthusiasts.

As far as what to do if pulled over??... my own personal opinion is:
Section 79 of the Highway Traffic Act describes the offence of operating a radar detector in Ontario. It describes an officers right to enter and search a "motor vehicle" that he suspects carries an RD. If found, it is seized and forfeited to the Crown upon conviction.

After some research, I have come to the conclusion that it is in a drivers interest to "pocket" the RD rather than hide it in the car.
1) There is NO authority given to an officer to search the suspect (pat down) ANYWHERE in the HTA (but he CAN search the vehicle).
2) There is NO legal requirement that a suspect admit to the possession of an RD. He can stay silent.
3) There is NO legal obligation for a suspect to hand over a suspected device (protected by Section 8 of the Canadian Charter of Rights).

The following case laws should be of interest to fellow Ontarians who would like to better understand their rights in this area of traffic law.
CanLII - 1992 CanLII 3337 (QC C.A.)
CanLII - 1997 CanLII 10421 (QC C.A.)

I'll include CanLII - 1994 CanLII 5025 (SK Q.B.) because it deals with my next question , though the case takes place in a RD-legal province.
Scenario: you are stopped for speeding and the officer (typically) asks, "Do you know how fast you were going?". Now speed varies widely while driving (accelerating, decellerating) so you would really want to know how fast you were travelling at the exact instant the officer "hit" you with radar. This would be impossible to know unless you had an RD and checked your speed the instant it started beeping. Now you could add "weight" to your testimony that you were obeying the speed limit at the time of clocking, as you had an indication via the RD when this occured. (Note: This is my biggest argument as to why I feel RD's should be legal EVERYWHERE)
My Question: If, during defence of a speeding ticket, I combine the strategy of radar gun inaccuracy with the fact that I DO know my speed was not above the limit because my "illegal" radar detector made me promptly take note of my speedometer reading, could I now have a NEW charge filed by the court for operation of an illegal RD, based soley on my defence testimony of the speeding ticket?

Of course, we could all just drive the speed limit ALL the time (causing mass pandamonium on the streets) and this wouldn't be an issue (pfft!)

Book