Contesting a Photo Radar Ticket

[B00Mer]

Well here is my first photo radar ticket in my life.. actually first speeding ticket in 10 years..

I dunno, guess I was speeding.. however, I question the validity of the ticket. I am always careful to not speed as I know of the traffic camera's - making an extra effort to stay below 50kph.

However, it shows me in the middle of a intersection with yellow.

So would they just say you're speeding, because they can't get you for a red??

Is this unconstitutional and has other provinces won cases and have had camera considered unconstitutional, as this does not effect my insurance, it does not effect my drivers license.. it just a stupid tax.

It's just a $124 fine that means nothing.. drinking money for the weekend.

So is there a way to use legal precedence from another provinces legal battle, to get rid of camera's once and for all in Alberta.

...and if I can't beat them in court, do like they do in Arizona.. line up your sights and see if the camera can catch a speeding bullet, being they shot at us first.. :lol: (self defense)

It could have been my wife driving the car too... which I am thinking.. say la vee.

Just wonder if I could use this opportunity to fight this and get traffic camera's out of Alberta. What precedence, is it unconstitutional because they don't take a picture of the driver.. any ideas.. (other than pay the fine, as that is probably what I will just do - unless I see an opening to seriously getting camera's out of Alberta.. no matter the legal cost)

Arizona Speed Cameras Will Be Eliminated

Opponents have argued the cameras open the door for wider "Big Brother" surveillance and are more about making money than safety.

 

[Ron in Regina]

The Pic has the date & time on it....so you and the wife can compare notes as to whom
was driving. Not sure how this would work for demerit points if it can't be proven whom
was at the wheel. 70km/h is a good jump above 50km/h though...

If that's got the 2.5L (150cu.in. & 150hp), it's easy to have the speed creep up on you. I
know 'cuz I have the same vehicle (in the same color, if not the same year). Nice little
car.

Do they have a blow up pic clearly showing your plate #??? I'm assuming your PT in
that color is far from unique.....

 

[L Gilbert]

Don't do the crime if you can't do the time. lol

 

[karrie]

Looks like they have you dead to rights.

 

[Ron in Regina]

The only photo pic I've had to fight was for a company I use to work for. It was
a blurry picture of a 1ton truck running a red light in Calgary. The person they
fingered drove a 1ton truck for the company I worked for....& was in Indiana
at the time & date that was on the picture. His fuel receits & DDL where not
sufficient evidence to prove it wasn't him though. I had several pics Emailed
to me and could only pic out a few digits in the plate#.

I was looking too close though. When I pulled a copy of this guy's registration,
it showed he drove a GM 3500....& the blurry pic from the photo camera showed
enough to see that the truck in the pic had the drop down body line along the
front passenger side door....which meant it was a FORD in the picture.

Once I pointed that out, the ticket was dropped. I have no idea if that was the end
of things, or if they tried to stick it on someone else.

Don't do the crime if you can't do the time. lol

Sometimes you don't have to do the crime to have the finger pointed at you.

 

[B00Mer]

The Pic has the date & time on it....so you and the wife can compare notes as to whom
was driving. Not sure how this would work for demerit points if it can't be proven whom
was at the wheel. 70km/h is a good jump above 50km/h though...

If that's got the 2.5L (150cu.in. & 150hp), it's easy to have the speed creep up on you. I
know 'cuz I have the same vehicle (in the same color, if not the same year). Nice little
car.

Do they have a blow up pic clearly showing your plate #??? I'm assuming your PT in
that color is far from unique.....

Yeah, It's my tag number..

As I said I'm not really concerned about the ticket, or the $124.. no big deal to me.. whatsoever. I was just wondering if there is any chance of taking this to a higher court and fighting it on constitutional grounds, to rid Alberta once and for all of speed cameras..

The reason I am asking, or even suggesting this is it seems that this is not about safety at all.. I called my insurance company and speed camera ticket will not effect my insurance.

Further, as I said they do not ticket the driver, just the owner of the car.. so no demerit points, does not effect my insurance.. so it's just a tax. ??

 

[Spade]

Go to the provincial court house, ask to see the justice of the peace, plead stupidity, and ask for a lesser fine. They should knock of about $20.
By the way, there are no demerits; but as the registered owner, you are responsible for payment.

 

[karrie]

Where hubby always gets dinged is where speed limits change. Whitecourt especially....lol. we dont speed as a rule but apparently he doesnt always slow down fast enougheither. We've got a couple nice pictures of our vehicles that way. But, despite people's arguments that they dont mame communities safer, we are more attentive because of it.

 

[Ron in Regina]

Yeah, It's my tag number..

As I said I'm not really concerned about the ticket, or the $124.. no big deal to me.. whatsoever. I was just wondering if there is any chance of taking this to a higher court and fighting it on constitutional grounds, to rid Alberta once and for all of speed cameras..

The reason I am asking, or even suggesting this is it seems that this is not about safety at all.. I called my insurance company and speed camera ticket will not effect my insurance.

Further, as I said they do not ticket the driver, just the owner of the car.. so no demerit points, does not effect my insurance.. so it's just a tax. ??

I can answer your question regarding a constitutional challenge. I think you're screwed
on fighting this one if it is your plate# in the pic.

 

[Spade]

As the owner, you are liable for the crazies you allow to operate your vehicle. Tough, but appeal to a higher court will be fruitless.

 

[L Gilbert]

Where hubby always gets dinged is where speed limits change. Whitecourt especially....lol. we dont speed as a rule but apparently he doesnt always slow down fast enougheither. We've got a couple nice pictures of our vehicles that way. But, despite people's arguments that they dont mame communities safer, we are more attentive because of it.

That's just nitpicking on the parts of the legal system. Pettiness abounds.

 

[Spade]

I can answer your question regarding a constitutional challenge. I think you're screwed
on fighting this one if it is your plate# in the pic.

Exactly!

 

[karrie]

I am always careful to not speed as I know of the traffic camera's - making an extra effort]

The reason I am asking, or even suggesting this is it seems that this is not about safety at all

Sounds like it is about safety actually. It obviously works as a detterent.

 

[Ron in Regina]

I can answer your question regarding a constitutional challenge. I think you're screwed
on fighting this one if it is your plate# in the pic.

Sorry, above should'a been a "can't" & not a "can"....as in:

I can't answer your question regarding a constitutional challenge. I think you're screwed
on fighting this one if it is your plate# in the pic.

 

[B00Mer]

Go to the provincial court house, ask to see the justice of the peace, plead stupidity, and ask for a lesser fine. They should knock of about $20.

By the way, there are no demerits; but as the registered owner, you are responsible for payment.

Wow, that was insightful.. plead stupidity.. if you can't be positive and constructive in your comments.. please take a hike.

As I said, $124 is nothing... I spend more than that at a titty bar with my buddies.. more like $500 plus on booz and table dances in a night.

What I am trying to do here is find an angle that I can present to an attorney that might work in taking this further.. I'm asking members here for a serious reply as to what they feel constitutionally fits or if another province has had speed cameras tossed, what legal precedence is there if any.

I would like to see if I can run this up the food chain to the supreme court to have speed cameras can be outlawed in Alberta..

 

[lone wolf]

There is no angle if it's your plate number ... unless that angle hides part of the number.

Ontario had the photo radar cash cow. We don't now. Check into it.

 

[Spade]

Well, the advice I gave you works. It'll save you some bucks. But, feel slighted if that makes you feel more macho.
However, arguing you were too smart to observe the speed limit will get you nowhere.

 

[L Gilbert]

What I am trying to do here is find an angle that I can present to an attorney that might work in taking this further.. I'm asking members here for a serious reply as to what they feel constitutionally fits or if another province has had speed cameras tossed, what legal precedence is there if any.

I would like to see if I can run this up the food chain to the supreme court to have speed cameras can be outlawed in Alberta..

lol

Seriously, I'm thinking that your plate isn't the only one that got it's pic taken and that pretty much every trick has been used to avoid to tickets has already been tried. Probably without much for results.

 

[B00Mer]

I'd like to know if the Camera operator will be in court, am I not allowed to face my accuser? The right to due process guarantees anyone accused of a crime the right to face their accuser. When you are accused of violating the law based on a picture who is your accuser? When a police officer gives you a ticket, that ticket is thrown out if the officer does not show up at your hearing. I believe the reason for this is because without the officer the accused can not question there accuser as to the accuracy of what they have been accused of.

The same holds true for speed camera tickets. Who does the accuse have to face in order to question what they have been accused of?

Was the camera calibrated, and when was it last calibrated, other questions like that.

Just say'in..

http://video.foxnews.com/v/1661779416001/are-red-light-cameras-constitutional

 

[Spade]

Contest it; the operator will be there. Expect some criticism; don't contest if your feelings are easily hurt.