A BC speeder has caught a very lucky break.
According to the Metro News, a BC Supreme Court judge has ruled the Crown can’t take Jason Alan Dery’s motorcycle away, because he couldn’t find a precedent in other cases – he said forfeiture was usually used in marijuana cultivation cases, the Nanaimo Daily News says.
It all started back in July, 2011, when Dery was nabbed after doing 200 kph in a 60 zone, near Victoria, BC. The director of civil forfeiture wanted to seize his Ducati motorcycle, valued between $7,400 and $12,200, saying it was used to commit dangerous driving under the Criminal Code. Dery’s defense was that he was riding a long, straight road with good pavement in good weather, with no vehicles or pedestrians in sight.
B.C. Supreme Court Justice Gregory Bowden said he didn’t approve of Dery’s actions, but that the Crown hadn’t proved Dery’s actions were criminal dangerous driving, or that the bike was a “instrument of unlawful activity.”
Dery’s lawyer said the seizure of the motorcycle would have set a precedent, where the Crown could seize vehicles for speeding.
The judge also said Dery has been punished enough for speeding in the past to deter him in the future. Dery has 39 motor vehicle offenses since 1990, and five 24-hour driving suspensions, costing him $3,600.
Taking someone’s property for a speeding ticket? That’s a crock and the judge was right to reject the request. Granted, the offender has brought no evidence that the fines accumulated thus far have had any effect on his behaviour but, if I can draw a parallel, taking the bike would be similar to being caught jay-walking 30 times, you paying the fine, and then all of a sudden the crown wants to jail you for the offence. As far as his record goes, its 1.7 tickets per year. I think the crown attorneys are bored in Nanaimo. And yes, the police seize the bike which is then placed in storage at a towing yard close to where the offence was commited. I gave a ride to a guy from Victoria who had his car seized in Manning Park. They stored teh car in Hope. Check the map and you’ll see what a pain in the ass that was.
You can bet the bike was towed and there was a “police hold” put on it meaning the tow yard will not release the bike until the hold is released. Now remember the police are trying to seize the bike so they will not release the hold.
All this time there are storage charges piling up. It has beeen over 2 years. Because it is a police call the initial tow fee is called a “recovery” not just a tow and will be more as well. I bet the tow yard gets over two grand to release the bike. He will pay more legal fees to get the tow fees back if he ever does… I bet the financial pain for his ride pushed 7 to 10 grand after legal fees.
At least he gets to keep the bike … oh and do not forget the service fees to make the bike rideable again.
I think the police don’t seize the bike, technically speaking. It’s another head of the hydra known as the Crown. I think Civil forfeiture in BC is a separate identity … but as I don’t live there, I’m not familiar with it.
39 offenses since 1990? His insurance rates must be through the roof, never mind the $3,600 in fines.
In Ontario he’d be facing the loss of his bike and I believe up to $10,000 in fines under the stunt riding laws.
That’s what I thought, yet the judge said he couldn’t find any case law that allowed the seizure. Perhaps it was because he wasn’t convicted of criminal dangerous driving, only of speeding … and people don’t get their vehicles taken away for speeding in Ontario, it’s for “Stunting.”
They don’t get “taken away” under the “stunting” law, they are seized for a limited period and returned. This case was about forfeiture of property associated with crime; no crime demonstrated to a civil standard, so no forfeiture.
Canada’s provincial forfeiture laws mean they go after “offence related property” without ever proving an offence to a criminal standard. And often people give up in the war of attrition.
Thanks for the clarification, Matt. I’m not super-familiar with these laws, as we don’t have them here in NB, or at least, I’ve never seen them in use. Although I do remember one season of The Shield revolved around the, and Vic Mackey got himself a sweet car that way ;).
“The judge also said Dery has been punished enough for speeding in the past to deter him in the future. Dery has 39 motor vehicle offenses since 1990, and five 24-hour driving suspensions, costing him $3,600.”
This is an oxymoron.
Judge’s idea, not mine.
“This is an oxymoron.”
Yeah. Well spotted. Given that many offences, it’s fairly obvious that there’s been no deterrent whatsoever.