Rep Power: 725

well its ironic , but ive never had any speeding tickets for about 2 yrs now .. but just today i got a ticket for a radar detector ..

it wasnt even on , it was in my glove box , but the cop pulled me over and told me if i didnt give it to him , he would rip it out of my car. I have no idea how he knew

Set fine $140 , Total payable $170 ... Victim surcharge fee $30 ?WTF is this

WHAT should i do

guilty
guilty with explanaition
Fight it

i guess i could say that it wasnt in operation at the time , but under
HTA 79 (2)
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.

help!

 
Rep Power: 716

Fight it.

At worst, you delay the eventual payment of the fine considerably.

At best, the cop didn't follow process in evidence handling (your confiscated radar detector), and you get the case thrown out.

The usual process applies. 1) File for first attendance appointment with prosecutor, 2) File for disclosure of all evidence.

 
Rep Power: 731

I`d like to know how he knew you had it if it wasnt turned on.

 
Rep Power: 716

Seems to me that you were advertising a radar detector for sale here not too long ago...

 
Rep Power: 0

OPP and a few other police divisions have a Radar Detector Detector.......which Detects , Radar Detectors.

 
Rep Power: 731

So your saying that posting in the 'for sale' section gives an officer rights to pull you over and search the vehicle???

 
Rep Power: 728

i am going to hazard a guess here....

he had it on.... it beeped.. he saw the cop come after him, he yanked it out and tossed it in the glove box.

 
Rep Power: 731

I'll be realistic. You can fight it all you want, it's just more courts days that you have to take off work. It's not a debate, you either had one in the car or you didn't. And I don't mean in a package unopenned. You will lose. Sorry Kazanak, I see where you're coming from, but...

 
Rep Power: 0

correct

 
Rep Power: 716

Actually, the HTA does give a cop the right to search your vehicle for a radar detector if they suspect one to be present in the vehicle. The HTA does not impose any restrictions as to how a cop might come to that suspicion.

 
Rep Power: 725

Wrong ! .. it wasnt ON, been sitting in my glove box for a week.

i just realized , that the ****ing suction cups where the radar mount on were still mounted on the windshield - i forgot to take them out , im guessing now that , that was how the cop knew / suspected i had a radar

im going to fight it ... worst case scenario , i go to court - cop shows up i take a plea bargian , get fine reduced a bit ..

 
Rep Power: 716

The chance of having this thrown out makes it more than worthwhile. Keep in mind gents, HTA convictions (once you are convicted) are on your record forever.

 
Rep Power: 734

not even cause people put gps systems in cars all the time, or even the pda windshield mount. i've got one in my car and they never said anything whenever i get pulled over.
My advice is to just fight it and "pray" you win

 
Rep Power: 0

Theres no innocence in ignorant, id love to know what your defense will be. Try using the same defence when you steal a chocolate bar from a convenient store You had a prohibited item on the highway, your guilty.

 
Rep Power: 0

Definitely fight this ticket. This isn't even illegal in most of North America, and some judges don't consider it a serious offence for that reason.

1) The Crown must prove beyond a reasonable doubt that the device is a Radar Detector. You have to question the officer thoroughly about his electronics credentials. Did he test the device? Is he experienced with these devices? Did he dismantle the device to inspect the inside components? Did he take the entire unit including the power cord (using his own cord would be fatal to their case)? For about $20, your lawyer should be able to provide you with case law pertaining to this subject. R. v. Henuset (1983, 4 W.W.R. 267 Man. Co. Ct.) deals specifically with the officers expertise. Spademan vs. R. (Oct. 25, 1985, Stiles Prov. J. (Ont. Prov. Div.) deals with the components used to test the device. Be advised that the officer doesn't have to be an "expert", but must show some experience and must have properly tested the unit. Did he get it to respond to his radar in your presence? The key questioning in Spademan vs. R. was, "Did you test the device in the same configuration as it was found in the vehicle?".

2) Reasonable grounds for search: A sudden decrease in a suspects speed will be grounds for a traffic stop, but is not grounds for a thorough vehicle search (unless permission is given <NEVER ALLOW A VEHICLE SEARCH>). However, a glovebox check was considered acceptable in R. vs. Fehr (1981, 29 M.V.R. 63 (Man. Q.B.). It should be interesting to note that a search of your person (ie. detector in pocket) is not allowed under any section of the Highway Traffic Act. There is nothing in law that would compel a suspect to answer questions, or hand over a radar device from his posession (you don't have to assist the officer in his investigation against you). Therefore, the likely charge of Obstructing Justice will be struck down and the found evidence will be excluded from the case (and returned to it's rightfull owner). The relevant Case Laws with respect to personal search is R. vs. Arseneau (1988 O.J. No. 2525 Prov. Div.) and R. vs. Dunne (1992) O.J. No. 1884 (Prov. Div.). Don't let other forum members scare you into believing you MUST submit to a body search for a Radar Detector. Case Law holds MUCH more weight than any member of this forum or the HTA.

Very rarely will a JP rule AGAINST relavant (and properly submitted) Case Law. As long as you are courtious, well dressed and thorough, you should be reunited with your "electronic device" soon!

PS. Only the Bel STi Driver is undectable by ANY radar detector detector (including the newest Spectre). It's the only one that should be considered by Ontarians.

Good Luck