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Running away from cops

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油井緋色;1922367 said:
I heard of an illegal group ride where one of the riders were pulled over. The cop told the guy to call another person from the group ride to get their *** back because he had their plate and would arrest them for speeding down Bayview Ave.

Person never went back, group ride split into multiple directions, nobody got tickets and the person that was requested by the cop to return never got bothered after. Also, I know this individual is from another country but...
Ok, eveything is officer digression, wether he/she chooses to follow up or not that's up to them, if its OPP likely anywhere you live they will come to your house, but if your in peel and you live in Barrie chances are that they won't go all the way out there... Its your choice if your gonna run but don't come crying on this board if they take your bike away and you get charged with evading the police ...

Cheers,
Geoff
 
Well, if hey don't have your plate you're probably fine.... I've been stopped before just because my bike was black, and they were just chasing someone else on a black bike... Deny deny deny !!! Lol

You've seen my OHIP and driver license photo...

Want to take a guess at how many times I would get stopped walking down the road for "looking like someone they're after"? The best excuse I heard was that I looked like someone who went missing... lol




Anyways, the answer is every 2nd day.

Police are extremely prejudice.
 
Moved this thread to the proper forum.Funny how so many folks know a guy who has a neighbour that got away with it.Lol. Internet toughs galore.
 
Worst case scenario you get charged for "Dangerous Driving"... which is not a provincial offense it's a Federal offense (Criminal Code).
Other, lessor charges:
Careless
Street Racing
Speeding
 
Worst case scenario you get charged for "Dangerous Driving"... which is not a provincial offense it's a Federal offense (Criminal Code).
Other, lessor charges:
Careless
Street Racing
Speeding

Nope. You'd be charged with dangerous driving in addition to:


TL;DR is: 1k-10k+up to 6mo. in jail on being found guilty of not stopping in a reasonable time. 5k-25k and mandatory jail time if the court believes you willfully evaded capture while being pursued. 5-10 year suspension. Lifetime suspension if you hurt or kill anyone.

Power of police officer to stop vehicle


216. (1) A police officer, in the lawful execution of his or her duties and responsibilities, may require the driver of a motor vehicle to stop and the driver of a motor vehicle, when signalled or requested to stop by a police officer who is readily identifiable as such, shall immediately come to a safe stop. R.S.O. 1990, c. H.8, s. 216 (1).


Offence


(2) Every person who contravenes subsection (1) is guilty of an offence and on conviction is liable, subject to subsection (3),


(a) to a fine of not less than $1,000 and not more than $10,000;


(b) to imprisonment for a term of not more than six months; or


(c) to both a fine and imprisonment. 1999, c. 13, s. 1 (1).


Escape by flight


(3) If a person is convicted of an offence under subsection (2) and the court is satisfied on the evidence that the person wilfully continued to avoid police when a police officer gave pursuit,


(a) the person is liable to a fine of not less than $5,000 and not more than $25,000, instead of the fine described in clause (2) (a);


(b) the court shall make an order imprisoning the person for a term of not less than 14 days and not more than six months, instead of the term described in clause (2) (b); and


(c) the court shall make an order suspending the person’s driver’s licence,


(i) for a period of five years, unless subclause (ii) applies, or


(ii) for a period of not less than 10 years, if the court is satisfied on the evidence that the person’s conduct or the pursuit resulted in the death of or bodily harm to any person. 1999, c. 13, s. 1 (1).


Lifetime suspension


(4) An order under subclause (3) (c) (ii) may suspend the person’s driver’s licence for the remainder of the person’s life. 1999, c. 13, s. 1 (1).


Suspension in addition


(4.1) Except in the case of a suspension for the remainder of the person’s life, a suspension under clause (3) (c) is in addition to any other period for which the person’s licence is suspended and is consecutive to that period. 1999, c. 13, s. 1 (1).


Notice of suspension


(4.2) Subject to subsection (4.3), in a proceeding for a contravention of subsection (1) in which it is alleged that the person wilfully continued to avoid police when a police officer gave pursuit, the clerk or registrar of the court, before the court accepts the plea of the defendant, shall orally give a notice to the person to the following effect:


“The Highway Traffic Act provides that upon conviction of the offence with which you are charged, in the circumstances indicated therein, your driver’s licence shall be suspended for five years”.


1999, c. 13, s. 1 (1).


Same: death or bodily harm


(4.3) In a proceeding for a contravention of subsection (1) in which it is alleged that the person wilfully continued to avoid police when a police officer gave pursuit and that the person’s conduct or the pursuit resulted in the death of or bodily harm to any person, the clerk or registrar of the court, before the court accepts the plea of the defendant, shall orally give a notice to the person to the following effect:


“The Highway Traffic Act provides that upon conviction of the offence with which you are charged, in the circumstances indicated therein, your driver’s licence shall be suspended for not less than 10 years and that it may be suspended for the remainder of your life”.


1999, c. 13, s. 1 (1).


Idem


(5) The suspension of a driver’s licence under this section shall not be held to be invalid by reason of failure to give the notice provided for in subsection (4.2) or (4.3). R.S.O. 1990, c. H.8, s. 216 (5); 1999, c. 13, s. 1 (2).


Appeal of suspension


(6) An appeal may be taken from an order under clause (3) (c) or a decision to not make the order in the same manner as from a conviction or an acquittal under subsection (2). R.S.O. 1990, c. H.8, s. 216 (6); 1999, c. 13, s. 1 (3).


Stay of order on appeal


(7) Where an appeal is taken from an order under subsection (6), the court being appealed to may direct that the order being applied from shall be stayed pending the final disposition of the appeal or until otherwise ordered by that court. R.S.O. 1990, c. H.8, s. 216 (7); 1999, c. 13, s. 1 (4).
 
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If it ever happens and they come to your house (assuming that they didn't follow you into your driveway) - you don't know anything about it and if they try to enter your home, tell them firmly that without a warrant, they are acting unlawfully and will be charged with whatever laws may apply. Having a screen door you can lock is a good idea... further if they continue to badger you, your response is "no you cannot enter my house or garage and if this conversation is to go any further, I need you to show me a warrant."

If they have a warrant, well... they may confiscate your bike for "evidence," in which case you get right on the phone with your lawyer and/or the police chief and tell them that you were not in any way involved and this is all a big surprise to you, and you want to see what evidence they have that you or your bike was involved in something illegal. If you push hard enough, you'll get your bike right back but bottom line is they will likely charge you towing and possibly storage fees... similar to HTA 172. Which is why you want to get on the phone right away and do contact counsel if you must.

The answer to every question they might have is "I have no statement to make and do not wish to answer any questions." There's virtually no way for them to prove that it was you, unless you were caught in the act (aka stopped, crashed, were followed directly home). So don't give up and don't give them any information - tell them that you were advised by counsel never to speak to police without them present. They don't have enough evidence to convict, and they will drop it ever time - if you are smart. DON'T answer questions like "where were you, etc." because you are innocent until PROVEN guilty, not the other way around... you will just dig the hole you are in even deeper.

FYI
 
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^
I remember watching a long *** video on YouTube about never speaking to the cops. After watching that, I never say anything, regardless if I'm wrong, right, or just going through a spot check. The video kinda skewed my view of cops (further).
 
If they get your plate, they can charge you under the criminal code, but chances of a conviction are slim. Can the police put a rider on the seat of the bike fleeing without identifying the person? No.

Further, if you just ran from the cops and you know they have your plate, going to the place where that plate is registered to (ie home) would be a terrible idea. If you plan to run, there should also be a plan for what you'll do after.
 
Eh... it depends. You're kind of right but if they show up at your door and the bike isn't there, what do you say? That it was stolen? Then what... you going to do something with the bike, make an insurance claim, what?

Yeah they can lay a charge but any lawyer worth anything at all will have you out of it like a dirty shirt as long as you keep your mouth shut.

Judge: What evidence do you have that ties Mr. Badass to the alleged crime?
Cop: We recorded is license plate.
Judge: And that's all you have? Can you place Mr. Badass at the crime?
Cop: No, we cannot.
Judge: Does Mr. Badass admit to being there at that time?
Cop: No, he does not.
Judge: Oi vey. Why are we here?
 
If they get your plate, they can charge you under the criminal code, but chances of a conviction are slim. Can the police put a rider on the seat of the bike fleeing without identifying the person? No.

Further, if you just ran from the cops and you know they have your plate, going to the place where that plate is registered to (ie home) would be a terrible idea. If you plan to run, there should also be a plan for what you'll do after.

If you run with a fully visible plate, you deserve whatever's coming your way.

At that point the only solution is to ditch the bike and make an alibi REAL quick. You COULD always take off your license plate, stow the bike and claim it was stolen (the plate), but either one only puts you into even deeper water. Solution is not to ride like a dick where it'll get you in trouble.

Shaman raises some good points. They may not get you with the criminal proceedings barring irrefutable evidence like a video if your mug on the bike while you run, but they can still make the HTA charges stick (minus the points and suspensions).

Disclaimer: I've heard from a friend of a friend of a cousin's sister that several folks have simply ridden home, parked right in the driveway and removed the plate. When the traffic unit shows up, they walk out in pajamas and act VERY surprised to find their plate was stolen! Right off the driveway D:

And of course, gotten off scott free simply by co-operating.
 
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Not answering questions goes a long way. Most situations where the cops have a license plate number (and nothing else), or a video on youtube (and nothing else), the person gets questioned and ends up incriminating themselves by answering questions. So ... don't answer questions!

Rule #1. Don't break the law. (Or, at least, don't break it by enough to get in big trouble.) Failing that ...
Rule #2. Don't post lawlessness on youtube or facebook. Failing that ...
Rule #3. Don't answer questions from the police.

Regarding license plate visibility, I don't agree with that. A license plate that's mounted in a way that's hard to read, leads to getting pulled over more often. Better not to give the cops additional reasons to pull you over. Legal plate, legal lighting. Legal noise level, too. It helps a lot.
 
Sorry bro, chances are they WILL catch you... All they need is a plate...they they find you in your moms basement...
getting your plate dont mean crap.if they dont catch you in the act they dont have ******.
i loan my bike out to a freind and from time to time i would get a phone call the next day. asking was i driving my bike yesterday.i would say no. then he would ask me then who was driving my bike? i would say a friend. he would demand to know my friends name.
i would say like hell im going to tell you..he would then say i have to tell him.
then i would say like hell i have have to because in this great contry i DONT have to help you in any investigation your conducting and i have the right to not say anything that might incriminate myself.

so im going to do what cops do when caught being criminals is jerk you around as much as i can until you give up.
then hang you the phone.
they usualy never call back
 
If it's by phone (or really any other way), unless you are being detained, the police don't really have the right to hold you for questioning. Answer their question with "I have no statement to make" and excuse yourself. You really do not want to drag that conversation out, and after all... you have nothing to say, so it's just a waste of everyone's time.
 
Dangerious Driving with flight is the charge, at first appearance they will ask for jail time

As for the cops going to your house, that will only hurt you if you admit to anything..

Last year my bike was towed by the police, when I called the police to find out what was up. They put me through directly to a police officer that said I ran from him, then parked my bike and took off on foot. I said no you towed my bike when I was not there, still he said there was an investigation on going so my bike was at the police pound for a 10 day hold, and would not be released to me until I come in to leave a statement...So I went to the police station, he took me into a questioning room with another superior of his, and basically told me to admit that I ran from him. I told him I have no idea what your talking about I did nothing but park my bike and have it towed while I was not around, he then said if it wasnt you then who was it. I said I let many of my friends borrow my bike, but I am not going to involve anyone unless I am under arrest or am charged with anything. I then said that is all Im going to say, can I leave. He flipped his lid, and said hes going to keep my bike. Then the other cop cut in and said actually we have no evidence for that, so we have to let him go and release his bike. Still I had to pay for the towing and storage fee! And they damaged my bike.... Bastards...I even had to get my lawyer to call him, and tell him to stop calling me otherwise I would sue him for harassment ..He was calling my mothers house, and my work, telling anyone of my family he could that I was going to jail.

The thing about police chases is they can not loose sight of you, that loss of sight for any amount of time brings in reasonable doubt. It could be the person that ram, or in my case it could have just been another bike that was a similar color...ughh
 
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If someone borrows your car and goes on the 407 who gets the bill?

prove it wasn't you on that bike


very different situations.

yes, you get the 407 bill, but that bill isnt because you drove on the 407, its because your car was there, that is hte only identification. they cannot prove it was you.

when you get a red light camera ticket, they send you a letter with a fine, BUT you dont get any demerit points. IF a cop pulled you over for the exact same offence, you would be hit with demerit points, because they can identify you.

If you run, and get away, they cant charge you. with the plate, they would probably snatch up your bike, impound it or something. They would also probably snatch you up for questioning.


To OP the charge you're looking for will be the following + things like dangerous driving, and whatever else they can pile on with it...good luck
Flight


  • 249.1 (1) Every one commits an offence who, operating a motor vehicle while being pursued by a peace officer operating a motor vehicle, fails, without reasonable excuse and in order to evade the peace officer, to stop the vehicle as soon as is reasonable in the circumstances.
  • Punishment

    (2) Every one who commits an offence under subsection (1)
    • (a) is guilty of an indictable offence and liable to imprisonment for a term not exceeding five years; or
    • (b) is guilty of an offence punishable on summary conviction.
  • Flight causing bodily harm or death

    (3) Every one commits an offence who causes bodily harm to or the death of another person by operating a motor vehicle in a manner described in paragraph 249(1)(a), if the person operating the motor vehicle was being pursued by a peace officer operating a motor vehicle and failed, without reasonable excuse and in order to evade the police officer, to stop the vehicle as soon as is reasonable in the circumstances.
  • Punishment

    (4) Every person who commits an offence under subsection (3)
    • (a) if bodily harm was caused, is guilty of an indictable offence and liable to imprisonment for a term not exceeding 14 years; and
    • (b) if death was caused, is guilty of an indictable offence and liable to imprisonment for life.

  • 2000, c. 2, s. 1.


EDIT: here's a link to the criminal code online use "ctrl+f" and search whatever it is you're looking for.
http://www.canlii.org/en/ca/laws/stat/rsc-1985-c-c-46/latest/rsc-1985-c-c-46.html
 
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