Nipigon Man Faces Refusal and Traffic Charges After Dirt Bike Investigation
NIPIGON — A 22-year-old Nipigon man faces a Criminal Code refusal charge and several provincial traffic allegations after Ontario Provincial Police located a dirt bike during an early-morning investigation.
Police allege the motorcycle was travelling without lights at a high rate of speed on Highway 11/17. The incident raises significant safety concerns because an unlit vehicle can be difficult for motorists to see, particularly on a major Northern Ontario highway after dark.
Officer Observed Dirt Bike at About 1:45 a.m.
At approximately 1:45 a.m. on Monday, July 13, a Nipigon OPP officer conducting stationary radar allegedly observed a dirt bike travelling quickly on Highway 11/17 in the Township of Nipigon.
Police said the dirt bike did not have lights.
Officers located the motorcycle a short time later in the parking lot of a local business and spoke with the driver.
The OPP alleges its investigation determined the driver was impaired by alcohol. The driver was arrested and taken to the Nipigon detachment for further testing.
The charge list provided by police does not include a separate impaired-operation charge. The Criminal Code allegation listed by the OPP is failure or refusal to comply with a demand.
<H3>Charges Laid Following Investigation</H3>
Byron A. Wawia, 22, of Nipigon, has been charged with:
- Failure or refusal to comply with a demand;
- Owner operating a motor vehicle without insurance;
- Driving a motor vehicle without a licence;
- Operating a vehicle without brake lights; and
- Failing to produce a permit.
The OPP release did not provide the subsection numbers associated with the provincial traffic charges.
Wawia was released from custody and is scheduled to appear before the Ontario Court of Justice in Nipigon at a later date.
None of the allegations has been tested in court.
What the Refusal Charge Means
Section 320.15(1) of the Criminal Code makes it an offence to knowingly fail or refuse, without a reasonable excuse, to comply with a lawful police demand for an approved screening device test, breath samples, blood samples or other testing authorized under Canada’s impaired-driving laws.
To obtain a conviction, the Crown must prove beyond a reasonable doubt that a lawful demand was made, the accused knew about the demand and the accused failed or refused to comply without a reasonable excuse.
A refusal charge is separate from an allegation that a person operated a vehicle while impaired. A person can be charged with refusal even when police do not lay a separate impaired-operation charge.
For a first conviction, failure or refusal carries a minimum fine of $2,000. If prosecuted summarily, the offence carries a maximum fine of $5,000, imprisonment for up to two years less a day, or both. If prosecuted by indictment, the maximum sentence is 10 years in custody. A second conviction carries a minimum 30-day jail sentence, while subsequent convictions carry a minimum 120-day sentence.
Those are the penalties available under the Criminal Code. The sentence imposed in any individual case would depend on the circumstances, the offender’s record and applicable sentencing principles.
Ontario also imposes immediate administrative consequences in impaired-driving and refusal investigations, including a 90-day licence suspension, seven-day vehicle impoundment and monetary penalties in applicable cases. Those sanctions are separate from any sentence imposed after a conviction.
Insurance and Highway Traffic Act Allegations
Ontario’s Compulsory Automobile Insurance Act prohibits an owner or lessee from operating, or permitting the operation of, an uninsured motor vehicle on a highway.
Under the current legislation, a first conviction can result in a fine ranging from $10,000 to $50,000. A subsequent conviction can result in a fine ranging from $20,000 to $100,000. A court may also suspend the person’s driver’s licence for up to one year.
The remaining provincial allegations concern having the required driver’s licence, maintaining legally required vehicle lighting and producing the vehicle permit when requested by police.
Because the OPP did not provide the precise statutory subsections, specific set-fine amounts for those allegations should not be inferred from the release. Provincial offences can result in fines and other licensing consequences if proven in court.
Nighttime Highway Safety
Highway 11/17 carries local, regional and commercial traffic through Nipigon. An unlit dirt bike or motorcycle travelling at a high rate of speed after dark presents risks to the rider and to drivers who may not see the vehicle in time to react.
Motorcycles and dirt bikes operated on public highways must comply with provincial licensing, registration, insurance, equipment and safety requirements.
Drivers approaching a motorcycle should provide additional following distance and check blind spots carefully. Riders should ensure all headlights, brake lights and other required equipment are working before entering a public highway.
Safer Alternatives to Impaired Driving
Drivers who have consumed alcohol or drugs should not operate a car, truck, motorcycle, dirt bike, all-terrain vehicle, boat or other conveyance.
Safer options include arranging a designated driver, calling a friend or family member, using a local taxi, booking Uride or another ride-hailing service where available, taking public transit where service exists, or staying overnight.
Anyone planning to drink should arrange transportation before alcohol is consumed. Vehicle keys should be left with a sober person when there is a risk someone may attempt to drive.
Report Suspected Impaired Driving
Anyone who believes a driver may be impaired should call 911.
Useful information for police includes the vehicle’s description, licence plate, direction of travel and location. Callers should not follow or attempt to stop a suspected impaired driver if doing so would place them or others at risk.
Byron A. Wawia is presumed innocent unless and until proven guilty beyond a reasonable doubt in a court of law.
