Being caught afterwards | Page 4 | GTAMotorcycle.com

Being caught afterwards

bitzz

Well-known member
"right to face your accuser"

Bitzz, that's kind of what I figured, but I couldn't find it explicitly referred to in a quick search. My concern when I was looking for it was related to bylaw stuff....
I was told, by a by-law enforcement officer and the chief of licensing in Mississauga Jamie Swinton, that by-law tickets need a complaint, some one has to complain, which means a by-law officer or a cop can't just hand you a noise ticket, some one has to register a noise complaint about you, THEN they will investigate.
... and in Mississauga the "noise" by-law say the noise has to be loud and PERSISTENT. Driving by once with a loud exhaust is not persistent.
Some one complains, by-law investigates and sees you are in contravention of a by-law and you get charged, so that way the by-law officer is your accuser, not the neighbour that you KNOW called by-law on you, but you still have to live next door to them... AND this procedure means you aren't getting charged by-law offenses when the only problem is your neighbour has a stick up their ass about you and yours and likes to complain.
Guess who used to have a neighbour that liked to complain....
So if that is true these by-law noise tickets they're handing out for loud exhaust aren't worth the paper they're written on.
Also "By-law" does NOT give the police or a by-law enforcement officer the right to pull you over, that right is defined in the HTA. No where does it say you can be pulled over for a by-law infraction

By-law officers ARE peace officers, as are dog catchers and some public health nurses, so they do have arrest powers.
 

GreyGhost

Well-known member
Site Supporter
I was told, by a by-law enforcement officer and the chief of licensing in Mississauga Jamie Swinton, that by-law tickets need a complaint, some one has to complain, which means a by-law officer or a cop can't just hand you a noise ticket, some one has to register a noise complaint about you, THEN they will investigate.
... and in Mississauga the "noise" by-law say the noise has to be loud and PERSISTENT. Driving by once with a loud exhaust is not persistent.
Some one complains, by-law investigates and sees you are in contravention of a by-law and you get charged, so that way the by-law officer is your accuser, not the neighbour that you KNOW called by-law on you, but you still have to live next door to them... AND this procedure means you aren't getting charged by-law offenses when the only problem is your neighbour has a stick up their ass about you and yours and likes to complain.
Guess who used to have a neighbour that liked to complain....
So if that is true these by-law noise tickets they're handing out for loud exhaust aren't worth the paper they're written on.
Also "By-law" does NOT give the police or a by-law enforcement officer the right to pull you over, that right is defined in the HTA. No where does it say you can be pulled over for a by-law infraction

By-law officers ARE peace officers, as are dog catchers and some public health nurses, so they do have arrest powers.
I am surprised that they told you a complaint was required. A by-law is a law. I have never read a by-law that said a complaint was required to be in contravention of the law. In practice, by-law very rarely lays a ticket without a complaint to trigger the investigation.

As far as the mufflers/noise, there are a lot of general complaints (eg. loud motorcycles on rosedale valley road). I suspect there are very very few specific complaints (eg. plate number xxxxxx, red honda, northbound on yonge at eglinton is loud). By-law can't pull you over but they can work with police to pull you over for a document check where they also check noise or the police can setup a checkpoint where noise from all bikes is tested etc.
 

hedo2002

Well-known member
Site Supporter
The information you were given is only partially correct. It was given by a bylaw officer and the department head, and is correct from their perspective. However, I can tell you as a cop I laid MANY noise bylaw charges without a complaint. IE a loud house party, and rather than turn down the music, the owner decides to shoot their mouth off....lol

So a police officer certainly CAN lay a bylaw charge without a complaint. bylaw officers also, (depending upon the municipality), CAN lay one specific class of charge without a complaint, that being parking violations, IE expired meter, No parking/stopping zone, handicap spaces etc.
 

hedo2002

Well-known member
Site Supporter
It certainly should have made it through the courts by now. I suspect, that perhaps, the outcome wasn't favourable, especially seeing that it was revealed on page 3 that a plate charge was laid for an obscured or improperly mounted plate. If the officer could testify the reason they didn't originally get the plate was because it was hidden/bent up or down, then that makes at the very least the bike identifiable if the bike pulled over had a plate in the same position as the officer originally observed. So as asked earlier the bike now becomes "unique"

There was also talk of "laying a charge" against the officer. That could only be done by professional standards branch or the crown, (if for example the judge ruled the officer purgered, themselves on the stand while testifying under oath.) You can't lay a private information prosecution, (even IF it were permitted under law), a crown or SPECIAL prosecutor, has to prosecute it. Highly unlikely to EVER occur.

There is good practical reason for this. If an accused were permitted to lay this type of prosecution, ANYONE who was "butt hurt: would file it clogging the courts.

So OP what happened, inquiring minds want to know.....lol
 

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