Just got RD ticket withdrawn
- Thread starter viccont
- Start date
That's a bit sticky. The HTA states that if convicted, you forfeit the device. That means you should be able to obtain it but, as simply transporting it in a vehicle is an offence, he could stop you the moment you hit the road and lay another charge.
Ask them to mail it to you.
BimmerMike
Well-known member
Could you give us a few more details please?
aboout 2 years ago had this crappy cobra rd in the car (saved me on 3 ocasions, 2 highway 1 street) which is fully detectable from miles away. Was busted by cop in unmarked burgundy impala, detector seized and ticket issued. Later appealed and yesterday they dropped it. Never use cobra or most of the brands of rd but beltronics sti driver ($400) this unit has been proved for years now, all of their undetectable models. Want to get my cobra back as i could give it to my friend where it is legal. I talked to one paralegal and he says it is different story to get it back, impossible.
Submit a request to The Crown, anyway. The law states that it's forfeit IF YOU'RE FOUND GUILTY, but not otherwise.
No speed involved. The case was adjourned 3 times because crown wasn't ready to proceed. Filed b11 before time #4 and all previous disclosure requests, said my name in mic, judge announces withdrawal, end. In gta it would've been done ones, here they have big time frame, different approach needed.
Option 1) Pick up the RD on foot and walk away from police station
Option 2) He could probably sue them in small claims court.
Option 3) Rob/turbo, is there any possibility he can get the officer charged with theft that took the RD? The law Rob posted is clear and they can't permanently seize without a conviction. I suspect their would be something to protect against this, as the first officer was just doing his job and has no part in the return, but who else is identifiable to the OP? Can a police chief catch the charge because they are in control of a business that is stealing from innocent (or at least not proven guilty) people.
The police aren't big fans of catching blame. A lady at work ones one of 4 boats damaged when a police boat drove like an idiot around moored boats. The police are arguing they bear no liability as the damage could have happened at any point even though all occupants of the boats have a unified (and truthful) story. It is probably easier (and likely cheaper) for the OP to just buy another detector.
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It's not theft, it's evidence.
As it isn't illegal to own a RADAR detector, just to use or transport one (except under specific circumstances), you're entitled to its return upon a finding in your favour, in court. For reference, this is the section of the HTA involved:
(a) for a first offence, to a fine of not more than $1,000; and
(b) for each subsequent offence, to a fine of not more than $5,000. R.S.O. 1990, c. H.8, s. 79 (8 ).
In the OP's place I would write a politely worded letter, to The Crown, stating something like "Pursuant to Section 79, part (4) of the Ontario Highway Traffic Act, I am requesting the return of, or compensation in the amount of $XXX.XX for, the speed measurement device that was seized on (Date), under Offence Notice (Number), as disposed of at ( State Court Location) on (Date)."
... or words to that effect.
As it isn't illegal to own a RADAR detector, just to use or transport one (except under specific circumstances), you're entitled to its return upon a finding in your favour, in court. For reference, this is the section of the HTA involved:
79. (1) In this section, “speed measuring warning device” means any 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. 1996, c. 33, s. 12.
Speed measuring warning device prohibited
Speed measuring warning device prohibited
(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.
Powers of police officer
(3) A police officer may at any time, without a warrant, stop, enter and search a motor vehicle that he or she has reasonable grounds 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. 1996, c. 33, s. 12.
Forfeiture of device
(4) Where a person is convicted of an offence under this section, any device seized under subsection (3) by means of which the offence was committed is forfeited to the Crown. R.S.O. 1990, c. H.8, s. 79 (4).
Penalty
(5) Every person who contravenes subsection (2) is guilty of an offence and on conviction is liable to a fine of not less than $100 and not more than $1,000. R.S.O. 1990, c. H.8, s. 79 (5).
Exception
(6) Subsection (2) does not apply to a person who is transporting speed measuring warning devices in sealed packages in a motor vehicle from a manufacturer to a consignee. 1996, c. 33, s. 12.
Sale of speed measuring warning devices prohibited
(7) No person shall sell, offer or advertise for sale a speed measuring warning device by retail. 1996, c. 33, s. 12.
Penalty
(8 ) Every person who contravenes subsection (7) is guilty of an offence and on conviction is liable,
Powers of police officer
(3) A police officer may at any time, without a warrant, stop, enter and search a motor vehicle that he or she has reasonable grounds 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. 1996, c. 33, s. 12.
Forfeiture of device
(4) Where a person is convicted of an offence under this section, any device seized under subsection (3) by means of which the offence was committed is forfeited to the Crown. R.S.O. 1990, c. H.8, s. 79 (4).
Penalty
(5) Every person who contravenes subsection (2) is guilty of an offence and on conviction is liable to a fine of not less than $100 and not more than $1,000. R.S.O. 1990, c. H.8, s. 79 (5).
Exception
(6) Subsection (2) does not apply to a person who is transporting speed measuring warning devices in sealed packages in a motor vehicle from a manufacturer to a consignee. 1996, c. 33, s. 12.
Sale of speed measuring warning devices prohibited
(7) No person shall sell, offer or advertise for sale a speed measuring warning device by retail. 1996, c. 33, s. 12.
Penalty
(8 ) Every person who contravenes subsection (7) is guilty of an offence and on conviction is liable,
(a) for a first offence, to a fine of not more than $1,000; and
(b) for each subsequent offence, to a fine of not more than $5,000. R.S.O. 1990, c. H.8, s. 79 (8 ).
In the OP's place I would write a politely worded letter, to The Crown, stating something like "Pursuant to Section 79, part (4) of the Ontario Highway Traffic Act, I am requesting the return of, or compensation in the amount of $XXX.XX for, the speed measurement device that was seized on (Date), under Offence Notice (Number), as disposed of at ( State Court Location) on (Date)."
... or words to that effect.
The conditions for transport are stated, in the statute. You could always argue that it wasn't functional, and therefore wasn't technically a 'speed measuring warning device', but you'd be making that argument in a court.
Graves
Well-known member
hey you took my drugs and charged me, but I got off on an 11b....... can I have my drugs back?? (yes I know its not drugs, I'm making the point obvious because illegal is illegal)
Come on dude, try using some common sense
And small claims court? Man there is some horrible advice on this site
Come on dude, try using some common sense
And small claims court? Man there is some horrible advice on this site
Splash
Well-known member
Common sense? You should look at what that means.
Drugs are illegal.
RDs are not illegal. Using a RD is illegal. If RDs were illegal then they would have to close the factory in Mississauga.
As Splash stated it isn't illegal to OWN a RADAR detector, it's illegal to USE one. The statute is quite clear on the issue and the unit is only forfeit, on a finding of guilt.
These are the quirks of the law that always amuse me.
They deem a product to be illegal for use, yet they allow manufacture and sale of it to the general public.
What am I gonna do, sit on my front lawn and see if anyone on my street is using a radar? Haha.
Maybe take it somewhere that you CAN use it?
Though, legally, you'd have to ship it there and then install it, because you can't drive it anywhere in Ontario.
So how do they ship it from Mississauga, Wouldn't the shipping company be doing something illegal then?
So how do they ship it from Mississauga, Wouldn't the shipping company be doing something illegal then?
I posted that, above
Exception
(6) Subsection (2) does not apply to a person who is transporting speed measuring warning devices in sealed packages in a motor vehicle from a manufacturer to a consignee. 1996, c. 33, s. 12.
