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Posted

All,

As in the previous FS I am willing to lend my expertise like any others on this forum.  I will attempt to answer any and all relevant question you have regarding sleds, ATVs and general enforcement.  Be aware..this is not official OPP communication nor is it legal advice.  Its simply my opinion based on experience as a police officer.  For those unaware I've spent the past 10yrs working in the Snowmobile ATV Vessel Enforcement team (SAVE) and have built up a lot of experience, met many of the original members and I think we all had benefitted from the questions shared on here.  Hopefully the mods will pin this thread.  All I ask is that this thread not turn into a police bashing thread...  If that happens I will not be able to continue.  Feel free to bash away, just not in this thread please. 

 

Sean

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  • Not work related...or sled related, but you guys are like family...weird, fkd up family..   It's official, gonna be a grandpa!!

  • The latest from OFSC https://urldefense.com/v3/__https://www.ofsc.on.ca/2021/01/13/no-change-for-ofsc-snowmobile-trails-at-this-time/__;!!ABXyrcI!d_5m4cSF8YAk49Aw06fTm6pmiARd2vFlu4Uzm1DN6nRl8b0NZ

  • Thanks,just wondered why the double standard.Best one was the cows that got out after a crash.Closed the hwy for a day and we didn't find all the cows for 2 weeks.Guess they didn't have 4 pt restraint

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On 1/9/2020 at 9:53 AM, odot1 said:

Just as you begin to move forward, wham..  they hit with another round of happiness and heartbreak!!   

https://kingstonhumanesociety.ca/goodbye-to-one-of-the-biggest-paws/

 

I can never thank you guys enough for the generous support over the years!!!  I hope to continue that tradition!!!

Sorry about your dog man.  Always a shitty deal when you lose them.

Criminal Code:
  • Flight from peace officer
  • Operation while prohibited under the Criminal Code - two counts

Motorized Snow Vehicles Act:

  • Drive motorized snow vehicle while licence suspended - four counts

What's the difference between the 2 charges? They sound similar in that the operator has lost their licence.

  • Author
16 hours ago, revrnd said:
 
 

The driver was both prohibited and suspended.  

The suspensions could result from various reasons from unpaid fines to failure to pay family support.  It is a provincial level offence.  The prohibition is a criminal court order not to drive basically anything anywhere.  A much more serious offence and involves a 45 day impediment of the vehicle being driven.  

Prohibition is ordered in court following a CRIMINAL code conviction for any sort of driving offence.  Think dangerous, impaired etc...

Lemme know if that clears it up or makes it more confusing!!

 

Sean

On 1/22/2020 at 12:56 PM, odot1 said:

The driver was both prohibited and suspended.  

The suspensions could result from various reasons from unpaid fines to failure to pay family support.  It is a provincial level offence.  The prohibition is a criminal court order not to drive basically anything anywhere.  A much more serious offence and involves a 45 day impediment of the vehicle being driven.  

Prohibition is ordered in court following a CRIMINAL code conviction for any sort of driving offence.  Think dangerous, impaired etc...

Lemme know if that clears it up or makes it more confusing!!

 

Sean

I was only thinking of 'suspended' (I didn't realize it was termed a 'prohibition') due to an impaired conviction. I had forgotten about the provincial suspensions due to unpaid fines etc. So those suspensions would apply to motor vehicles as well.

Thanks again.

Meanwhile in B.C. 

@odot1 is this coming down the pipe in Ontario?  

I have no idea how I would drive half an hour to work everyday without drinking my coffee. 

D0882DDD-ABDF-4899-BA5E-FA66F8E5DC2D.jpeg

  • Author
56 minutes ago, dirtybeacher said:

Meanwhile in B.C. 

@odot1 is this coming down the pipe in Ontario?  

I have no idea how I would drive half an hour to work everyday without drinking my coffee. 

D0882DDD-ABDF-4899-BA5E-FA66F8E5DC2D.jpeg

Haven't heard anything like that coming here.  BC has government insurance program.  Often times due to that, they will institue higher penalties and fines...more strict regulation as they are the ones paying for it.

1 hour ago, dirtybeacher said:

Meanwhile in B.C. 

@odot1 is this coming down the pipe in Ontario?  

I have no idea how I would drive half an hour to work everyday without drinking my coffee. 

D0882DDD-ABDF-4899-BA5E-FA66F8E5DC2D.jpeg

Talking to passengers...as if. 

3 hours ago, ManOnManOral said:

Talking to passengers...as if. 

Surprised your allowed to use your wipers and turn signals.

3 hours ago, odot1 said:

Haven't heard anything like that coming here.  BC has government insurance program.  Often times due to that, they will institue higher penalties and fines...more strict regulation as they are the ones paying for it.

And essentially they are broke like Ontario and starving for money. Any source of generating cash is gold.....i hope it doesn’t get that ridiculous but if anything, in Ontario, get those dope smokers. I can’t drive anywhere anymore without smelling dope in every vehicle I go by.  Every kid at the gym is sitting in their car smoking a joint before and after they workout. WTF

That claim is false and or misleading, BC has no such laws - Ontario is the strictest 

An RCMP officer did tweet that eating soup (USING both hands) could get you a distracted driving charge

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  • 2 weeks later...

Sean what is the penalty/charge if you present an expired insurance slip, however have a current non expired insurance slip. I know it’s subject to officers discretion, but what if he or she was determined on giving a ticket. 

Edited by Poncho

  • Author
47 minutes ago, Poncho said:

Sean what is the penalty/charge if you present an expired insurance slip, however have a current non expired insurance slip. I know it’s subject to officers discretion, but what if he or she was determined on giving a ticket. 

If you're talking vehicle it is $50 fine/$65 total (compulsory automobile insurance act s3(1) )  If you're talking MSV it's $85 fine?$110 total (motorized snow vehicle act s12(2) ).

According the acts, you are required to produce proof or evidence of insurance upon demand, similar to your licence or registration.  Like 99% of provincial statutes an officer can exercise discretion and simply warn, provide time to produce or issue you a provincial offences notice (ticket).

8 minutes ago, odot1 said:

If you're talking vehicle it is $50 fine/$65 total (compulsory automobile insurance act s3(1) )  If you're talking MSV it's $85 fine?$110 total (motorized snow vehicle act s12(2) ).

According the acts, you are required to produce proof or evidence of insurance upon demand, similar to your licence or registration.  Like 99% of provincial statutes an officer can exercise discretion and simply warn, provide time to produce or issue you a provincial offences notice (ticket).

Ok but if you produce both an expired insurance tag and current licence tag can you be charged for producing the non current tag?

  • Author
Just now, Poncho said:

Ok but if you produce both an expired insurance tag and current licence tag can you be charged for producing the non current tag?

Oh, sorry Poncho.  I misunderstood.   Both a current AND expired were produced at the same time?  If so, that happens a lot.  People let the slips pile up for whatever reason...  If a current slip was produced at the traffic stop, at the same time and it was legit without issues I fail to see how a charge could be laid.   The act requires you to produce a VALID card, it does not refer to expired cards or how many cards you can carry.  

9 minutes ago, odot1 said:

Oh, sorry Poncho.  I misunderstood.   Both a current AND expired were produced at the same time?  If so, that happens a lot.  People let the slips pile up for whatever reason...  If a current slip was produced at the traffic stop, at the same time and it was legit without issues I fail to see how a charge could be laid.   The act requires you to produce a VALID card, it does not refer to expired cards or how many cards you can carry.  

Got it, thanks. Was always told it was chargeable back in the 70’s. I’m sure there was something there years ago

  • Canadian Donating Member
12 hours ago, Poncho said:

Got it, thanks. Was always told it was chargeable back in the 70’s. I’m sure there was something there years ago

God I hope not.

12 hours ago, ArcticCrusher said:

God I hope not.

There was but that was years back. I need Idot to check

  • 1 month later...

The guys at work are arguing with each other regarding getting charged with a dui on peddle bike. What can a person get charged with and does it affect your driver's license?

  • Author
1 hour ago, woodyf said:

The guys at work are arguing with each other regarding getting charged with a dui on peddle bike. What can a person get charged with and does it affect your driver's license?

Short/easy answer is no.  But you can be charged with public intoxication and held until sober.  You could also be charged with any traffic act laws you break such as careless depending on poor your riding is.  The traffic act charges WOULD affect your drivers licence. Hope you win the bet!

21 minutes ago, odot1 said:

Short/easy answer is no.  But you can be charged with public intoxication and held until sober.  You could also be charged with any traffic act laws you break such as careless depending on poor your riding is.  The traffic act charges WOULD affect your drivers licence. Hope you win the bet!

Well, I was more listening than arguing. I was trying to find the answer on google. However I found 4 "expert" articles with 4 different answers. lol.

28 minutes ago, odot1 said:

Short/easy answer is no.  But you can be charged with public intoxication and held until sober.  You could also be charged with any traffic act laws you break such as careless depending on poor your riding is.  The traffic act charges WOULD affect your drivers licence. Hope you win the bet!

Why should charges received on a peddle bike affect your licence ? What if you don,t have a drivers licence ?  Hopefully you would get stopped by a good cop, that could see some humor in a situation like this. Kinda sad that they wouldn,t just hold the guy in a cell and let them ride their bike home once sober.

Edited by Frostynuts

  • Author
1 hour ago, Frostynuts said:

Why should charges received on a peddle bike affect your licence ? What if you don,t have a drivers licence ?  Hopefully you would get stopped by a good cop, that could see some humor in a situation like this. Kinda sad that they wouldn,t just hold the guy in a cell and let them ride their bike home once sober.

If the charges are under the traffic, they affect your DL.  If you do not have a licence, the MTO generates a DL number for you.  Should you ever try to get one..that record will stay with it. 

As for your other question. The answer was based on absolute black/white. Real life as you know can be different. Happy/funny drinks always fare better than their counterparts. You (general"you") determine how each interaction will go. 

There was a traffic accident a week or so ago on Highway 7 on the outskirts of Peterborough @ a set of traffic lights. One of the drivers was charged w/ 'Failure to avoid an accident' (or something  like that). Can you clear that up?

Edited by revrnd

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