Here we go. Amendment to Stunt Driving | Page 3 | GTAMotorcycle.com

Here we go. Amendment to Stunt Driving

GreyGhost

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Such an obligation applies when in public or operating a motor vehicle on public roads. You are on your own land -- does the obligation to produce ID still exist? I'm going to say no. I am sure there are many judges who will agree -- this is a charter rights case waiting to happen. What sucks about it is that someone has to be the guinea pig and go through the system to prove that.
I don't know, that's a good question. I suspect yes as you are operating a motor vehicle and police are investigating a clearly visible violation of the HTA. We all agree that the rewrite is overreaching but cops don't get to pick whether they like the laws they are handed. I can't see your argument holding up as it would make it impossible for police to do their jobs (enforce the HTA as written by the province).

And while the first challenge is going through, hundreds more will continue to get the same charge under the same circumstances.
 

The Bachelor

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(c) any parking lot into which drivers are expressly or impliedly invited or permitted to enter, with or without payment, and no matter whether payment is made or whether the driver entered with or without permission.

So no stunt show at bike events and shows? What about solo II in parking lots that are internationally sanctioned?
 

Evoex

The God
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Such an obligation applies when in public or operating a motor vehicle on public roads. You are on your own land -- does the obligation to produce ID still exist? I'm going to say no. I am sure there are many judges who will agree -- this is a charter rights case waiting to happen. What sucks about it is that someone has to be the guinea pig and go through the system to prove that.

As to carrying licences and surrender on demand​

33 (1) Every driver of a motor vehicle or street car shall carry his or her licence with him or her at all times while he or she is in charge of a motor vehicle or street car and shall surrender the licence for reasonable inspection upon the demand of a police officer or officer appointed for carrying out the provisions of this Act. R.S.O. 1990, c. H.8, s. 33 (1).

Does not specify while operating on a highway!

 

Evoex

The God
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GreyGhost

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d4rktrooper788

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How about a lawyer? September 2020 post.



You cannot refuse to present your ID if you are being stopped while driving or operating some kind of vehicle.

Yes, but you do not need a license to operate a vehicle on private land. You cannot be compelled to produce something you do not legally need.
 

GreyGhost

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Yes, but you do not need a license to operate a vehicle on private land. You cannot be compelled to produce something you do not legally need.
The lawyer said ID, not license. You have a very reasonable argument not to present your license as you don't need one there. Extending that to f you, I'm leaving and I won't tell you who I am I don't think works. The officer is investigating a possible charge based on what they have seen. You could try it and they may let you go, or you release the burning fire and the tickets keep piling up.
 

Evoex

The God
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The lawyer said ID, not license. You have a very reasonable argument not to present your license as you don't need one there. Extending that to f you, I'm leaving and I won't tell you who I am I don't think works. The officer is investigating a possible charge based on what they have seen. You could try it and they may let you go, or you release the burning fire and the tickets keep piling up.
I would agree with this.
 

GreyGhost

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I guess we'll find out when this inevitably ends up before a judge. 🤷‍♂️
Which is exactly why there should be court involved before huge costs are incurred by those charged. If costs didn't come until after court, these questions would be answered without hundreds of people being extorted.

Does Mulroneys significant other own a towing company?
 

backmarkerducati

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When it comes to identifying yourself and/or showing ID....

Cop is looking to maybe lay some 172 charges, how do you think refusing is going to pan out with respect to the 172 or the now pile of add-on attitude adjustment charges? Does not matter if you are "right" you lose.
 

d4rktrooper788

Well-known member
Does a 10yr old need to show a license while riding his dirt bike in a field on his farm?

Nope.

When it comes to identifying yourself and/or showing ID....

Cop is looking to maybe lay some 172 charges, how do you think refusing is going to pan out with respect to the 172 or the now pile of add-on attitude adjustment charges? Does not matter if you are "right" you lose.

I am not proposing you mouth off to a cop because it's not going to end well for you. But a judge will definitely care.
 

GreyGhost

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Nope.



I am not proposing you mouth off to a cop because it's not going to end well for you. But a judge will definitely care.
You've already paid, the judge can't get that back. If you refuse to identify yourself, I'm pretty sure they get to take you down to the station until they figure out who you are. They're busy and that may take some time. I just don't see an upside to refusing.
 

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