Contesting a Photo Radar Ticket

L Gilbert

Winterized
Nov 30, 2006
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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..

Are red light cameras constitutional? | Fox News Video
As far as I know, Canadians only have the right to a fair and speedy trial. The right to face their accuser is an American jobbie. I may be wrong, but anyway, it's likely in sections 7 to 14 here: Constitutional Documents
 

Trex

Electoral Member
Apr 4, 2007
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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

Drop your purse,
Hike up your skirts,
And pay the fracking thing.

Your driving a PT Cruiser (snerk, snerk!),
20kmph OVER the speed limit,
On icy, frozen, winter streets
and blasting intersections and running changing lights.
And YOU want the law changed?

Here is the deal:
Photo-radar is a good thing
Why?

Granted photo-radar is a huge cash cow.
But you get to drive like a fool and speed like mad (through public intersections no less) as you have graphically illustrated.
With absolutely no impact on your driving record or, more importantly, your insurances rates.
And the police are out and about doing far more important things than writing up speeding tickets for revenue.
Pounding the pavement, bait cars, monitoring B&E artists, investigating crimes, protecting the innocent...stuff like that.

I used to run a few of my cars on the racetrack.
If you want to drive fast thats where you SHOULD be taking your car.
A day or two on the track ran about $250 to $350 a pop, insurance and track fees and all.
Wear and tear, clutches and track radials over and above.

And yet you want to change the law?
Like how?
I live in BC, no photo-radar, but here every speeding ticket you get ramps your insurance rates up.

What was your whine again?
 

karrie

OogedyBoogedy
Jan 6, 2007
27,780
285
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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..

Are red light cameras constitutional? | Fox News Video

People get convicted on security camera footage all the time. So the 'face my accuser' schtick is unlikely to work. Your accuser is the gov, based off surveilance.
 

Spade

Ace Poster
Nov 18, 2008
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Aether Island
What Trex said is dead on. The speed limit is a maximum when conditions are ideal. You were driving during winter conditions. You got off lightly.
 

B00Mer

Make Canada Great Again
Sep 6, 2008
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Your driving a PT Cruiser (snerk, snerk!),
20kmph OVER the speed limit,
On icy, frozen, winter streets
and blasting intersections and running changing lights.
And YOU want the law changed?

What you can see ice in that photo?? I can't..

As I said, don't give a rats *** about the ticket for me.. but being Pandora's box has been open, I am wondering if I have been given this opportunity to change the speed camera laws.


Pounding the pavement, bait cars, monitoring B&E artists, investigating crimes, protecting the innocent...stuff like that.

Well obviously not enough in my area.. had one of my other cars stolen last month.. yeah the cops are doing a real smashed up job keeping Tim Horton's safe.

BTW, what's wrong with a PT??? Great little car for the winter..



Summer car.. ;)
 

Goober

Hall of Fame Member
Jan 23, 2009
24,691
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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.
My opinion- Demerits go to the owner- If someone else was driving they sign off and they get the demerits- make the information public- Insurance companies then raise rates for those always speeding. Let the marketplace assist in safety enforcement.
 

Spade

Ace Poster
Nov 18, 2008
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What you can see ice in that photo?? I can't..

As I said, don't give a rats *** about the ticket for me.. but being Pandora's box has been open, I am wondering if I have been given this opportunity to change the speed camera laws.





Summer car.. ;)

You were given this opportunity (without demerits) to observe the law in the future.
 

B00Mer

Make Canada Great Again
Sep 6, 2008
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You were given this opportunity (without demerits) to observe the law in the future.

You assume it was me driving.. ;)

As I said, I think it was my wife (ex-wife common law) driving.. I will be checking my Tractor Trailer Log Books later.. 28th, I should have been in Grande Prairie and my wife would have been driving the PT because her car was getting repaired after being stolen. (you know, the cops doing their job Trex) New steering column and ignition had to be installed.

Funny that week 3 cars stolen around here, and one abandon stolen car left in the lot. Just can't pull one over on The Calgary Hat Squad.

 

Goober

Hall of Fame Member
Jan 23, 2009
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Honestly, I don't like speed cameras.. get rid of them. It's just a tax..

However, I would like to see our licensing requirements and fines change..

1. higher fines and suspensions..

2. license requirements as strict as Germany.

[youtube]4itwh8C4kn8[/youtube]

Germany has photo radar- they send the ticket to the registered owner- If he cannot get whoever was driving the demerits go against his license. In 1985 the cost to get a license after suspension was approx 5 K.
 

B00Mer

Make Canada Great Again
Sep 6, 2008
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Yeah, I've got close to a million miles, no infractions for 15 years!

No speeding or accident infractions..

I have had fines for not having my rear tandems not pulled up to the 40 foot mark as I went in to California $218 fine, crimped air hose $108, and other silly fines like that..

But never a speeding ticket..

Oh.. a seat belt infraction as I pulled out of the Win Dixie.. didn't pay it and got arrested. Cost $500 to get out of jail and got $300 back from the city.. stupid.. just forget to pay.

17 years ago.. yes. 2 tickets for speeding while driving a Taxi in Los Angeles.. over a 2 year period. But that's it.. that's all.

Germany has photo radar- they send the ticket to the registered owner- If he cannot get whoever was driving the demerits go against his license. In 1985 the cost to get a license after suspension was approx 5 K.

Well then.. maybe that's not so bad.. if they take a photo of the driver and plate. ;)

If Alberta put a plate on the front and a speed camera caught the driver and tags.. I'm all for the camera.
 

Spade

Ace Poster
Nov 18, 2008
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Honestly, I don't like speed cameras.. get rid of them. It's just a tax..

However, I would like to see our licensing requirements and fines change..

1. higher fines and suspensions..

2. license requirements as strict as Germany.

So, what should the fine be for driving 40 percent higher than the posted speed in less than ideal conditions?