Man who rode his Ducati faster than 200 kilometres per hour gets to keep his motorcycle

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A B.C. Supreme Court judge has refused the province's attempt to seize ownership of a 2008 Ducati motorcycle clocked at more than 200 kilometres per hour in a 60 kph zone.

The B.C. director of civil forfeiture sought a court order, which was successfully challenged by Jason Alan Dery.

According to the ruling by Justice Gregory Bowden, Dery has 39 motor-vehicle offences since 1990, including five 24-hour suspensions.

On July 2, 2011, he was riding his Ducati 1098 motorcycle at 163 kph along Willis Point Road outside of Victoria before accelerating to more than 200 kph.

"Before it can be concluded, even on a balance of probabilities, that the offence of dangerous driving was committed by the defendant on July 2, 2011, all of the circumstances surrounding his driving, including the condition and use of road where the vehicle was operated and the amount of traffic at the time or that might be expected must be considered," Bowden wrote in his ruling.

The judge further noted: "The uncontradicted evidence of the defendant is that the road where he accelerated to about 200 kph was long and straight; the weather was sunny and clear with good visibility; the road surface was dry; there were no other vehicles on the road or in sight; there were no pedestrians on the road or in sight; and the Ducati was in perfect working conditions with brakes and tires that had recently been replaced."

As a result, Bowden concluded that "the evidence does not satisfy me that the speeding by the defendant on July 2, 2011, amounted to dangerous driving under s. 249 of the Criminal Code."

While it's true that Dery, a 40-year-old automotive-collision repair technician, was guilty of speeding that day, Bowden wrote that "no evidence was presented to establish that speeding, in and by itself, is likely to cause serious bodily harm to a person."

Dery paid $3,600 in additional fees and fines as a result of violating the Motor Vehicle Act.

Bowden noted that since then, Dery has taken "personal accountability" and has not had any speeding tickets.

"Further, he has never had an accident involving any of his motorcycles," Bowden stated in the decision. "This is supported by his most recent ICBC renewal notice which shows that he has earned a 43% discount on his vehicle insurance as a good driver."

The judge emphasized at the end of his ruling that his reasons should not be interpreted as him condoning Dery's behaviour—merely that it did not meet the legal test required for him to be forced to forfeit his motorcycle.

The director of the civil forfeiture office valued the motorcycle at between $7,400 to $12,200. Dery claimed it's worth $14,000.

According to the ruling, Dery also owns two other Ducati motorcycles, a 1997 Ford F150 truck, and a 2006 Dodge Sprinter van.

Comments (7) Add New Comment
Arm Chair
Court decisions here are like a box of chocolates...you just never know what to expect. Better chance of predicting an outcome from roulette.

This maniac will get another chance to commit suicide on his Ducati and the world will be rid of a solitary nutcase.
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Michael
I thought laws were made to protect all of us.
In this case, with his past charges against him, the judge opined that he did no wrong. I can own a gun, hold it against you, but as long as I don't pull the trigger everythings fine. I don't think so.
When everyone follows the rules there is less likely a chance for an accident. There are many stages that lead to an accident so willfully breaking any rules can and do cause catastrophic for some if not all. Just read any other stories involving deaths. and you will see what the judge missed.
Something is screwy with this and some other judges. Seems they have been bitten by the Libertine bug.
When you knowingly and willingly break the rules that are there to protect us all the "book" should land on your head. Some think #10.00 is a harsh fine while others think @10,000.00 is pocket change. Maybe fines should be levied by percent of worth calculated by tax assessment. That way rich or poor you get the message.
Our judgements by courts are even sending hardened criminals to prison with a smirk on their face,
Two years for murdering one with a knife and seriously wounding a park warden. Drinking was involved.
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Knight Rider
Speed never killed anyone; it's suddenly becoming stationary that gets you.
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Aki
Good ruling, I like it.
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Mark
The judge did make an effective ruling using the law(rule) that is before him. In my mind it is illegal to seize personal property that is not yours on the pretense you might kill someone. If you have ever discharged your gun then the same reasoning could be used to seize your gun, ludicrous.

The judge in his ruling said the defendant broke the rule/law when he was speeding. He considered the circumstances and made his ruling.

If you think that you haven't sped then you are certainly naive. Yes one mile per hour is speeding, should your vehicle ne taken from you? If you crash your vehicle and someone is hurt, should your vehicle be confiscated? If anything your license should be seized. It is something that was agreed upon by the individual driver
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No Civil Forfiture
The increasing use of Civil Forfeiture is Draconian and simply a Ca$h grab by the Crown in particular the Prosecutors and Police Departments to help fund thier large Budgets.

It should not be allowed except for serious Crimes such as Organized Crime Drug Dealers and the like.
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Matt Warburton
Mr. Dery is obviously a lame rider as the "chicken strips" on his tires are huge. He's never leaned it over past 20 degrees from vertical... And it is worth around $14,000. If I could find a 1098 for $7,400 I'd jump on it!
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