No Charges Warranted in Fatal Motorcycle Crash in Alliston Case Number: 15-PVD-126

[Blackfin]

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As has been mentioned, until he actually got on the seat (and in a split second started the bike and ran) they wouldn't have been able to charge him with much that would have acted as a deterrent, or better yet, got him off the roads.

The resulting situation was basically a result of a legal requirement that allowed him to get to the point he did. Had the cop prevented the whole situation before he even got on the bike he couldn't have been charged with DUI. He'd still have his bike, he'd still have his license, and he'd still have an unblemished driving/insurance record, so in the end he'd probably just continue doing his drunk riding routine until something did happen.

Its a damned if you do damned if you don't situation. I'd side with the police on this one.

They had reasonable-cause and resources to search for and find the bike and they already waited for him so we're talking about a change of tactic.

Instead of waiting in the shadows and lighting them up when he exits the bar (or worse, when he swings a leg over the bike) they position a cruiser to block the bike in and wait on him. Maybe they send a couple of cops into the establishment to locate him and ask him to step outside for a chat.

At worst they miss the impaired riding/driving charge. Or perhaps they use that reasonable-cause and witness accounts from the previous bar to issue a breathalyzer at that point. If he fails, they take his license and impound the bike there and then. Maybe the charge sticks, maybe it doesn't. Regardless, the guy would have been kept off the road that night, the public would have been safer and he may still be alive now.

I don't feel like the public safety was served by the tactics they (apparently) used. Again, not trying to defend drunk driving or question the legality of the police actions, just suggesting that different tactics may have resulted in a better outcome overall.

 

[PLau]

I have a buddy that drinks and drives. He admits it to me, tells me how he waits it out in the bar and only leaves when he feels like hes in control. I try talking to him about how dangerous it is, how he might feel ok, but risking other peoples lives is just irresponsible. He couldn't give a ****.. He only has a G2, and talks of obtaining his G so that he can legally have a blood alcohol content if ever tested. I'm starting to really dislike this kid. This is not the only socially irresponsible thing he does. I keep wasting my time trying to convince this prick to grow up and stop living like a child. Nope. He's currently invincible. Can't get caught.. etc.. You just can't help some people.. They are the ones in NEED of a lesson from a higher authority.

Yup.

If anyone has ever spotted a drunk driver in front of them, you can visually see that they have a lot of "oops" and "oh ****" moments causing them to abruptly correct themselves from hitting a curb or side-swiping someone.

This, by itself, should be an indication the driver that they are NOT okay to drive, but have yet to see one ever pulling over themselves after these moments. Problem is, they see it as "no incident, no problem". The driver won't change themselves unless something actually happens.

The same can be said to those driving aggressively - no incident, no problem to them. People that habitually tailgate will likely continue to do so until they see an accident as a result of tailgating or getting into an accident themselves.


To the point of catching him while exiting bar#2 would likely have the same outcome. Fight it in court, slap on the wrist due to the technicality that he was not seen operating the vehicle, rinse and repeat.

 

[inreb]

As has been mentioned, until he actually got on the seat (and in a split second started the bike and ran) they wouldn't have been able to charge him with much that would have acted as a deterrent, or better yet, got him off the roads.

Well, the discussion had turned to the issue of serving and protecting the public as a whole. So strategizing police intervention with a suspected criminal to achieve the most bang for buck charge shouldn't be the driver. And this is born out by the result. The concrete pylons could just as well have been one of your loved ones. That would rejiggle some of your abstract law and order analysis.

 

[Brian P]

They had reasonable-cause and resources to search for and find the bike and they already waited for him so we're talking about a change of tactic.

Instead of waiting in the shadows and lighting them up when he exits the bar (or worse, when he swings a leg over the bike) they position a cruiser to block the bike in and wait on him.

How many cop cars does it take to block the bike in?

Put the car in front, bike goes back. Put a car in front and behind, spin it on the sidestand and go out the side. This is not a realistic scenario. The cop had no way of knowing that the rider would take off and crash into a barrier upon seeing the lights come on. Use the other approach of not turning the lights on but instead waiting for the rider at home ... and maybe that rider crashes and kills someone else on the way, and now the cops would be under criticism for not pulling the rider over straight away.

Intercepting the rider before he got on the bike (to prevent the drunk-riding situation from occurring) is an approach that opens up a whooooole big can of worms in the bigger picture. Are you going to have the cops intercept someone wearing a ski mask because it looks like they might rob a bank (on Halloween)? Are you going to have the cops intercept someone because they look like a rapist? As a supposedly democratic and somewhat free society with a bill of rights and freedoms, we must not go (further) down that road. The consequence of this ... is that now and again we have to accept the consequences of someone doing a crime. At least in this case, that person did not take anyone else with them in the process.

The cops did what they had to do. Easy fix for all this ... don't drink and ride.

I don't think there is any purpose to letting this thread continue. I recall that there was something of a hue and cry when this incident actually happened, questioning the actions of the cops. The thing that we didn't know, is that the rider was drunk.

Don't do that.

Thread over.

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