First ride in Ont, very poor experience with OPP

Discussion in 'Canada' started by Maggot12, Oct 9, 2012.

  1. Drif10

    Drif10 Accredited Jackass

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    It was about power, that's all. I have a family of cops, so yeah, I'm kinda familiar with it. Judge will laugh at you, I bet. This really is the 'I have the power and you don't' province. Just see the current gubmint policies.

    And you really need to brush up on the stunting law, folks aren't kidding about that.

    Another thing: I found it to not be a good idea to tell them I was military. If they figured it out, fine, but never volunteer (even a 500 trade ought to know that) the info. Always found that I got treated worse as soon as they found out.

    This is, so far, the worst province I've been in when it comes to the government and its agents. As you have unfortunately learned quite quickly.
    #21
  2. KLRARP

    KLRARP Lookin for a way out

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    The cop was flexing his muscle/authority...because he can. I totally get that part. You can't do anything about it.
    The only thing I don't get is why you moved here from BC? It's beautiful there and the riding is great isn't it?
    Welcome to Ontario. Big brother is watching.
    #22
  3. Drif10

    Drif10 Accredited Jackass

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    He's military. Posted to the school in Borden.
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  4. Patrol

    Patrol VALE 46!

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    Save your $, skip the 'lawyer up' suggestion. There's no legal defence for radar detectors, and no provision to get it back. Even if the officer didn't show up for court (they always do now) the court can't return it to you.

    I'm looking at a copy of the Highway Traffic Act. There is no mention of standing on the pegs for stunting. I believe that is an urban legend. Wheelies qualify though.
    #24
  5. Slow Toast

    Slow Toast pfft

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    It's in the regulations (http://www.e-laws.gov.on.ca/html/regs/english/elaws_regs_070455_e.htm)

    ONTARIO REGULATION 455/07
    Section 3
    6 Driving a motor vehicle while the driver is not sitting in the driver’s seat.
    #25
  6. Maggot12

    Maggot12 U'mmmm yeaah!!

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    Thanks for all the notes and tips...

    I have 3 options..

    1) pay and say nothing. I can put my visa # on the ticket and mail it in.

    2) Plead guilty but face a justice team. No charge..

    3) Plead not guilty and face judge.

    Its easy to choose # 1 and be done with it. #3 is not really on option as I'm guilty. Bottom line, I had an illegal device on my bike.

    But it's bothered me enough over the last 4 days that I need to say something, as miniscule as a justice team may think it is. As least when its over i'll have peace of mind and what ever happens after that, so be it.
    #26
  7. StepOnIt

    StepOnIt Assitoner

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    I am not saying to fight to get your radar protector back just the ticket.
    Plea your case and see what happens, worse case scenario is you have to pay the full price. It is not like he let you off easy and you can show the damage he did to your bike.
    I agree it is easy just to pay the fine and they know that. Cant say they like to go to court, but a judge might tell him to be careful next time.
    #27
  8. Maggot12

    Maggot12 U'mmmm yeaah!!

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    And to answer a few question..

    I moved from BC because of a military posting and yes I drove here, taking the Sarnia area border crossing, (and I can't recal seeing, no detector warning signs, not to say they weren't there though). Spent 4 yrs in BC and was happy to leave. Family is from NFLD and BC is a long way from home. I can see if you were from there you wouldn't want to leave. Lower mainland is where I'd live though, Chiliwack area probably.

    We lived in Victoria. Van Island is nice, can ride yr around, but the riding itself is not that great as its very limited. It only has a couple roads going north/south and a few roads going east/west. You can cover every paved road in a weekend and it gets repetitive after that. Off rd would be better but I didn't do any of that. I put 47k miles on a US dl650 in the 3.5 yrs there.

    We had a great time travelling and camping, covering most areas of BC (Whistler, Banff and all over Van Island), Wa and Or. Drove the coast down to San Diego, San Fran, went to Grand Canyon, Vegas, Hawaii. Alaska and Yukon were on my list before I left but never made it.

    Never asked to come to Ont, but its been good till now, wife and kids are happy to be here. Lots to do and see, and will attempt to do the same here as we did in BC and take in everything possible in the 3-4 yrs I'll be here. I figure NS or NFLD after this.

    If standing in front of a bunch of officers to speak my case somehow "red flags" them to somehow pick on me (51 in a 50 as was mentioned or standing on pegs), I'll sell the bike and buy a Corolla, as it wouldn't be worth the aggravation of owning a motorcycle here.
    #28
  9. Maggot12

    Maggot12 U'mmmm yeaah!!

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    According to the back of the ticket for option # 2, they have the "plead guilty and face justice team" only every third friday of every month. So who knows if this officer will be there. Not that it matters to me.

    If pleading not guilty, this is when you make an appointment for court time and likely face the defending officer.

    Worst case for me is where I stand now. I pay the 170 while I'm there and get nothing back. Best case scenario... no idea :ear But I'll feel good about it.
    #29
  10. walkergreenlabel

    walkergreenlabel Been here awhile

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    in some sections there is a distinction between motor vehicle and motorcycle. does motor vehicle include motorcycle in this case or just cages?

    when its hot I need to stand up and let the stones cool off in the breeze!
    #30
  11. toddiscdn

    toddiscdn Take off, EH!

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    The signs are there, about 5 miles from the bridge just past the airport. I dirve by there regularly and the only reason I notice them is because Ive been popped before:lol3 . Is a litlle 1ft square sign on either side of the 402 that says "SPEED MEASURING WARNING DEVICES PROHIBITED":huh clear as mud eh!

    Now your just being silly, welcome to Ontario, its no different than BC other than the radar dector thing, lotsa people feel the same about the RCMP, the wacko BC goverment and ICBC. The BC stunting law is actually worse, with 40 over being the limit to lose your ride rather than 50 . Really , its not that bad here:D
    #31
  12. Patrol

    Patrol VALE 46!

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    I don't see the logic in paying a lawyer $1000 to fight a $100 ticket.

    The O.Reg you are quoting pertains to cars, not bikes. The highway traffic act defines the seat on a motorcycle as a "saddle". This reg has nothing to do with bikes.
    #32
  13. StepOnIt

    StepOnIt Assitoner

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    not sure why it would cost $1000 to get a lawyer?? I got a ticket for 31km over so major infraction 6pts and $300 (if i remember right) Got a lawyer for $350 to fight it and she got it knocked down to a $100 fine, no points and nothing on my driving record. So in the end it cost me $450 but saves me money in the end.:clap
    #33
  14. pelvis_98

    pelvis_98 Havin A Time

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    I dont read "sitting in a seat" as meaning standing on pegs either.

    But when i read the HTA i also see this.

    "“motorcycle” means a self-propelled vehicle having a seat or saddle for the use of the driver and designed to travel on not more than three wheels in contact with the ground, and includes a motor scooter, but does not include a motor assisted bicycle; (“motocyclette”)"

    So it can be "seat or saddle"

    "172. (1) No person shall drive a motor vehicle on a highway in a race or contest, while performing a stunt or on a bet or wager. 2007, c. 13, s. 21."

    What if the cop thinks standing on the pegs is a stunt? Or he feels that standing on the pegs has the possibility of causing harm to the rider or someone else at the time?

    That may not be the intent of the law and you and me may agree that it doesn't really say "standing" But if the cop on the side of the road disagrees or has read someplace else in HTA and feels it applies, what option do we have? We all know how well things go when you try and argue your case on the side of the road with a cop.
    #34
  15. Drif10

    Drif10 Accredited Jackass

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    Yep. You get the tow, the suspension, regardless. Court only helps on the fine.
    #35
  16. Patrol

    Patrol VALE 46!

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    Let me try this again. If you're being charged for stunting, you will receive a summons from the officer. The summons is either written by hand or a few big cities now have printers in the cruisers. There are "approved wordings" that the officer must choose from, he can't just make up a charge. For stunting there are five. Perform Stunt on Highway - 165 km/h in a Posted 50 km/h Zone", or Perform Stunt on Highway - Engage in Race, for example. There are only 5 wordings for stunting. none of them involves pegs or standing or anything close.

    If you feel the need to stand on the pegs on a highway, fill your boots.
    #36
  17. pelvis_98

    pelvis_98 Havin A Time

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    Ok, so you charge someone and use the words "Preform a Stunt on a Highway".

    Whats a stunt, in the eyes of every cop out there?
    #37
  18. Patrol

    Patrol VALE 46!

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    There's no such charge as "Perform Stunt on Highway", it has to be Perform Stunt on Highway - ________ one of the wordings. A charge that doesn't exist can't be laid before the court. The cop can certainly misunderstand what's required, what constitutes a violation, etc but there is no way to lay a charge for standing on the pegs.

    Do you see what I'm saying? The summons can't say "Perform Stunt on Highway". It must say "Perform Stunt on Highway - Greater than 49 km/h or Engage in Race or Lift Wheel etc. There are only five possibilities. He can't think you're performing a stunt all he wants but unless parliament has ruled that the action (such as standing on the pegs) is a stunt there is no charge. If standing on the pegs ever becomes illegal in Ontario it probably won't be stunting, it will be a regular $110 ticket, but there are occasions when it is appropriate to stand on the pegs, so it is highly unlikely this will ever be illegal.
    #38
  19. pelvis_98

    pelvis_98 Havin A Time

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    Can i be charged with "Not sitting in a seat"?
    #39
  20. jonyfi

    jonyfi 21st century adventurer

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    NICE!!! :D I am surely not the first to appove of this...
    #40