how to fight radar detector ticket

**Brian P** · 12-01-2010, 06:19 PM

Aye. Gotcha. Cop "lost" the evidence. Ha ha.

**nobbie48** · 12-01-2010, 08:54 PM

Originally Posted by dr_dirtg

(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.
.

Does this mean you can't carry in the car but can carry it in a trailer?

**Rob MacLennan** · 12-02-2010, 06:57 AM

No.

*EDIT* Correction, you might have something there considering there is a functional difference between a "motor vehicle" and a "vehicle", under the HTA. The definition of a "vehicle" explicitly states a trailer. The definition of "motor vehicle" does not explicitly state it.

**Brian P** · 12-02-2010, 03:56 PM

A bicycle is not a motor vehicle, either.

**nobbie48** · 12-03-2010, 08:18 AM

Originally Posted by Rob MacLennan

If it hasn't been postmarked, then odds are the courts will consider it free for search.

We had a number of mail box breakins at our industrial complex. One problem with the law is that once Canada Post delivers the mail it falls under a different coverage and the punishments are far less severe. Having a stamp or postmark doesn't make it mail.

**nobbie48** · 12-03-2010, 08:34 AM

It's posted at the border that RDs are illegal. So what does an American do if he doesn't have a trailer to store the RD (Assuming a trailer isn't banned from carrying an RD). From the wording of the law I read it that you can own one but never carry it in a motor vehicle.
I had previously assumed it was like a bottle of booze. OK to carry if it was non operational and in the trunk / out of reach.
Is there a courtesy desk at the border where someone can mail it home? Are the laws in the border states as inflexable and what border states ban detectors?
I can understnd the LEOs point of view. A RD says "I intend to speed a lot"

**caboose483** · 12-03-2010, 08:41 AM

Originally Posted by nobbie48

It's posted at the border that RDs are illegal. So what does an American do if he doesn't have a trailer to store the RD (Assuming a trailer isn't banned from carrying an RD). From the wording of the law I read it that you can own one but never carry it in a motor vehicle.
I had previously assumed it was like a bottle of booze. OK to carry if it was non operational and in the trunk / out of reach.
Is there a courtesy desk at the border where someone can mail it home? Are the laws in the border states as inflexable and what border states ban detectors?
I can understnd the LEOs point of view. A RD says "I intend to speed a lot"

This is where one would hope a police officer would use their discression. If an out of province driver is in Ontario and for some reason it is discovered that they have a RD but it is unplugged and in the trunk, I would hope the officer would let it slide.

**Rob MacLennan** · 12-03-2010, 08:41 AM

Originally Posted by nobbie48

We had a number of mail box breakins at our industrial complex. One problem with the law is that once Canada Post delivers the mail it falls under a different coverage and the punishments are far less severe. Having a stamp or postmark doesn't make it mail.

If it's sitting in your car and has your address on it, but hasn't been submitted to post yet (no postmark and not in a mailbox), then I think it could easily be argued that it isn't 'mail' yet.