No prosecution on OARs

[kirch]

Here in WI, OAR is a criminal traffic offense. I just got word that, due to staff shortages, the DA's office will not be prosecuting OARs until further notice (except when related to a 'greater' crime). For the time being we've been told to continue processing and citing as normal. But it won't take long for word to spread in ****bird circles that choosing to fight the OAR citation will result in a dismissal.

I'm not liking this one bit. An OAR recipient has such a long and recurrent history of traffic offenses that the state has decided they are a danger on the road. And now we're letting them off right and left?

GRRRR!

[retired]

What is an OAR? That isn't the British way of saying prostitute, is it?

[Dysentery Bob]

OAR??

Ummmm whats OAR?

[Southpaw]

Is this lingo for driving suspended/revoked?

We cite but don't arrest, although statues say to do it (and the muni departments do, believe me.)

Our jail is crammed to the rafters (a lot of times with illegal aliens and other marshall prisoners) and the sheriff would have a fit if we brought a traffic offense in there unless, of course, there are other "mitigating" circumstances.

[kirch]

Oops, sorry. I thought it was more of a universal term than it apparently is.

OAR = Operating After Revocation

[PeteBroccolo]

Ahhh! The joys of having the authority to lay, and prosecute, almost any charges without having to consult with Crown Counsel, save for incidents involving death or major public concern.

We call it Drive While Prohibited, Disqualified or Suspended, dependent on the reason for licence revocation, barring, suspension, disqualification, prohibition or whatever term you want!

Section 259(4) of the Criminal Code of Canada (go to http://www.justice.gc.ca and follow the links to "Acts" then to the "Criminal Code") is invoked whenever a person is found Operating a land, water or air craft while under a Prohibition Order made by the Court due to a conviction under the Criminal Code for an offence committed in relation to that type of vehicle/craft. Minimum fine is $600 plus a surcharge (to a victims-of-crime fund, which helps pay for counsellors for victims, mainly of assaults) but COULD include jail time OR jail instead of a fine.

In Saskatchewan, under Section 91 of our Highway Traffic Act (http://www.justice.sk.ca follow links to "Acts" then to the "Highway Traffic Act") there are 3 sub-sections of suspensions and charges:
- (1): too many demerit points - $500 fine;
- (2): due to a temporary suspension by the Police due to BAC exceeding the amount allowed for the type of licence they held - $250 fine;
- (3): due to non-payment of most traffic fines - $100 fine.
Jail COULD be added to, or instead of, these fines. These are NOT criminal offences.

We might hold a "client" if they have outstanding Warrants, or are from out of the Province or non-Canadian resident, but only until the Warrants are cleared up. Basically, we release on 259(4) CC on a Promise to Appear, or a Recognizance with $500 cash bond paid, to re-appear in Court, and on the HTA charges we just issue a ticket with mandatory Court appearance.

Nobody goes to jail any more! That's just crazy talk!

[Sgt Lobster]

If you get caught driving whilst disqualified from holding a licence this side of the Pond you will get arrested. You will get booked into the custody office (police cellc complex). You will be interviewed, fingerprinted, photographed and DNA profiled. You would then be charged and depending on your previous convictions, fixed address etc you would either be bailed to court in a day or two or held in custody to appear at the next sitting of the local magistrates court.

Repeat offenders stand a very good chance of going to gaol as driving whilst disqualified seems to upset the magistrates.



Lobster.

[brownca]

wow I have never heard of a place that will just let them go. There has to be an issue with having a bunch of unlicensed drivers driving around because they know they will get away with it. In CA we will not book them for it unless they are being booked for a warrant of another charge, But we will tow there cars no matter what. So even if the driver gets away with it in court we still get there car! Also if they have been served with a notice of suspension then it is an automatic 30 day impound. so if hey get off in court they still have a 1000 dollar tow bill that they have to take care of!

[Dysentery Bob]

Ahhhh thats what it means......

We call it driving while suspended, they go to jail if the have a served date. Even if they don't have a served date, we tow the vehicle and set them to walking.

If their licensed had been served, they are cited for that and if they still have their license they are cited for that as well since their license belongs to the State of Georgia. The secondary charges can bloom from there. Most times there is no insurance, the tag is expired, warrants ..... man it just grows.

[Sgt Lobster]

We come across a lot of customers who simply don't have a driving licence. Old bangers are cheap but taking driving lessons and passing the test aren't and neither is the insurance. Generally we can't arrest people for not having a driving licence, as opposed to being disqualified from holding one by the court. What a lot of them don't understand is they can still get disqualified and points even if they've never had a licence, as a driver record is created on conviction. This results in a lot of kids being disqualified when they are too young to hold a driving licence.

Disqualified drivers would also get charged with a no insurance offence and we often get them to disclaim the vehicle.




Lobster.

[PeteBroccolo]

We can ARREST a "client" under our HTA for Operating With An Invalid Licence (never had one, or had one and never renewed it, IF they are not suspended, disqualified or prohibited) or Operating While Disqualified, Suspended or Prohibited, as well as for Operating An Unregistered Vehicle (either never had been registered or did not renew the registration), but only long enough to identify the driver, confirm their licence status, confirm the identity (VIN) and status (registration, stolen) of the vehicle, but otherwise issue a ticket (or COULD release on a Recognizance with up to $500 cash bond paid, but that would be HIGHLY unusual).

No fingerprinting or photographing is allowed, BUT if the "client" just happens to spend a lot of time standing in front of my patrol vehicle talking to me, and my video camera and microphone just happen to be on...

I forgot to add also that EVERYONE that commits a traffic offence in Saskatchewan also gets a Saskatchewan driving record. IF their record is bad enough (several demerit points, due to at-fault collisions, serious moving violations) AND their licence is suspended or not validated (and they have a previous record for invalid licence), or they are prohibited or disqualified from driving, THEN SGI could put an impound "flag" on their driving record.

IF they are caught driving, NOT only do they face the charge of invalid, suspended, disqualified or prohibited driving, but the vehicle, NO MATTER WHO OWNS IT, is impounded for 30 to 60 days. They can NOT remove the plates, NOR any items inside EXCEPT a child safety seat or a device that a physically challenged driver requires to operate a vehicle. That means, except for what they wear, they can NOT remove luggage, groceries, CDs, cell phones or whatever. The costs MUST be paid before the vehicle is released at the end of the impoundment, and if not, the tow company can sell the vehicle, apply the proceeds against the storage bill and THEN give the remainder to the former owner. We do not even have to do the inventory on the vehicle - that is the responsibility of the tow truck operator!

[WHC166]

Almost all of the Driving While Suspended violations in Vermont are Civil Violations, so we cannot arrest just give a ticket into civil traffic court. The worse punishment is further suspension and a $200 fine.

There are four types of suspension that are considered criminal. They deal with DUI suspensions, Leaving the Scene of Accident with Personal Injury, Negligent Operation and I don't remember the other. We can arrest for these.

[Traffic Dog]

What about writing them for OWL.

[retired]

Originally posted by Traffic Dog
What about writing them for OWL.

Does this have anything to do with the spotted Owl?

[Don]

Hey Retired, WHERE did you spot that OWL. Wait a minute, I'll grab the 12 gauge!