Mistero2009
Active member
Who told you that? Show me the law that says a motor vehicle has to get impounded on DOM charge!
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Popping wheelies at walmart after business hours.
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Who told you that? Show me the law that says a motor vehicle has to get impounded on DOM charge!
It doesn't have to be, but it can be, based on the fact that you won't be driving it anywhere.
Mistero2009
Active member
As far as I recall, DD does not warrant vehicle impound. You get charged and you're on your way to wherever you were going, assuming the correct procedure is followed.
There is no DL suspension either, or do I recall wrong?
There is no DL suspension either, or do I recall wrong?
Anything used in the commission of a criminal offence can be seized by police for either a short time or even until the matter at hand has run through the full court process. Dangerous driving is a criminal offence. They can seize and impound the bike at their option. If they do, the owner can make application to the court to have it released, and then the court decides.
Also, the police have some responsibility for the safety of your goods when they arrest you and take you away. If they feel the item cannot be securely and safely left at the point of arrest, it will go away on a tow truck to a safe storage location until it is claimed by the owner. The owner is responsible for all towing and storage fees.
You get arrested and then you're on your way to the station for formal charging, followed by the police officer's choice of either possible release on your own recognizance if you are lucky, and detention for a bail hearing if you are not lucky. In any case, that can take hours or days. The cops will not leave your bike unattended in the meanwhile. Too many people driving around in white vans you know.
There is no automatic DL suspension on arrest for dangerous driving, but a driving/riding ban can be imposed by police or by the court as a condition of release. You can make application to the court to challenge such a ban, but if one is imposed, it is in effect until such time as you can successfully challenge it.
Mistero2009
Active member
One word -> BULLCRAP, unless you can back it up with legislation specific to DO!
With DO, nothing is seized and no DL is suspended, if executed properly. Enough cops out there that don't know what they're doing.
you seem to be the expert on this particular area, why don't you provide legislation information that specifically proves YOUR point?
This is how our legal system operates. It requires no specific legislation, to cover every specific situation. Quite the opposite actually; it requires legislation to state exceptions.
Mistero2009
Active member
I can't provide you with something that doesn't exist. Hence, my invitation to turbo to provide legal framework for his assertions.
Mistero2009
Active member
This post shows how you're lacking at least the basic knowledge of police operation.
1) Arrest is not a sure thing in case of DO.
2) Release, is not police officer's prerogative in this matter - he/she doesnt have a choice but to release, unless THEY can show that you HAVE TO be remanded to custody. There is not going to be any conditions on this one.
Bail hearing??? For an offence that on maximum carries a sentence of 5 years??? Yeah, right!
3) Towing of unattended vehicle is not the same thing as IMPOUNDing it!
Griffin
Well-known member
Very good points. I find it odd that people keep suggesting asking a cop to explain the law. Many of them haven't got a clue as to what the law is. They do however have the authority to make your life hell with little need to defend their actions and no recourse for you. If you think otherwise you have another think coming.
Many of them are good folks trying to do a difficult job. That doesn't help you when you get one on a bad day or that doesn't sympathise with your situation and hauls your *** off to jail for no reason (or worse).
Back to the OP, I think your best bet is to follow JohnyP636's advice. Find an out of the way industrial parking lot that is not covered with security and keep your actions low key and further, don't hang around all day or go back to the same place everyday.
Griffin
Well-known member
1)Cops can arrest you anytime for little reason. Yes, they may be found to be in error sometime later but that don't help you a lot while you're rotting in the can. For a Criminal Code charge they sure can legally arrest you.
2) The cop can keep you in the station cell or let you go. That's their call.
3) How is this different? The tow truck takes your ride and they stick it in a compound. You don't get it back until you pay them whatever charges they feel you owe them. How is that not impounding?
I'm curious where you get your ideas of how Canadian law is enforced.
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It is impoundment. It is not impoundment for a set period.
Mistero2009
Active member
The difference is: you can pick up your car/ride as soon as you get to the impound lot. Basically, you only pay towing charges. The impoundment of your vehicle is what you have with HTA172 when you get a "cool down" period. I say a big difference
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I get my info from various sources including a formal education.
The HTA confers powers of arrest for a wide variety of HTA charges, AND for dangerous driving under the Criminal Code. The HTA confers the power to "detain the vehicle" under the HTA if a driver is arrested under HTA authority.
1) You're counting on a hopeful best case scenario. Dangerous driving is a criminal offence. Arrest is often a part of the criminal offence charging process, especially if you are caught in the act by police. Witness the earlier-posted video of the Porsche driver being led away in handcuffs after being arrested for dangerous driving.
2) How you will be released following arrest most certainly IS the prerogative of the arresting officer. You may get a fast RoR with police-imposed conditions of release, including a possible ban on driving pending disposition of your charges. If you don't like their conditions, no problem, you can stay in the cell until a JP is available to hear the matter and rule on conditions of release. And don't kid yourself, you can be forced to put up bail and submit to a whole range of other restrictions as a condition of release for any arrestable charge regardless of possible sentence length.
3) Towing an unattended vehicle is not the same as impound, true enough. However, the police can impound the vehicle at their discretion for any arrestible offence, as I mentioned earlier.
You asked for the law? Here it is, courtesy of the HTA. http://www.e-laws.gov.on.ca/html/statutes/english/elaws_statutes_90h08_e.htm#BK352 Look for 217.(4) through 217.(6) for the details about what happens to vehicle and operator.
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The difference is: you can pick up your car/ride as soon as you get to the impound lot. Basically, you only pay towing charges. The impoundment of your vehicle is what you have with HTA172 when you get a "cool down" period. I say a big difference
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I get my info from various sources including a formal education.
Your formal education has some weak spots in it.
Refer to HTA 217.(4) through 217.(5).
Griffin
Well-known member
The difference is: you can pick up your car/ride as soon as you get to the impound lot. Basically, you only pay towing charges. The impoundment of your vehicle is what you have with HTA172 when you get a "cool down" period. I say a big difference
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I get my info from various sources including a formal education.
Impound is impound. Length or mandatory impound is another matter.
You have a formal education in how police in Canada enforce our laws? Wow. I didn't know such a thing existed. I mean, I know you can study law in university, you can take a police foundations course in community college or you could be given training by a police service as a recruit including attending the Ontario Police College but none of those, to my knowledge, provides you with the whole picture. So, which one have you graduated from? All three?
Its up to the cop if he wants to take you to the station, book you right away and tow your bike, or give you a summons....If you get a summons then yes you can simply ride away....I know because while I was getting charged with DD, the tow truck was waiting to tow my bike and got really ****** off when the cop decided to let me ride away on a promise to appear instead...In that case you have to go in about a week later for finger prints and mug shots...
And no there is no suspension right away, I rode a whole year before going to court for it and being convicted. Then having it suspended for 1 year....And a driver rehabilitation coarse, and a $500 charitable donation...And yes in case anyone is wondering I am fully rehabilitated! ha
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You guys are arguing against a formal education,,,
This is a no win situation.
This is a no win situation.
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