How to Challenge a Photo Radar Speeding Ticket in Toronto
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Drivers in Toronto have the
Drivers in Toronto have the following options after receiving a photo radar speeding ticket:
Deny the speeding charge and appeal the ticket in front of the Court of Justice
Plead guilty and pay the fine
Meet with a prosecutor to negotiate a lower fine
A recent case proved drivers could get a court to dismiss a speeding charge in Ontario. A car owner in Toronto challenged a speeding ticket they received after an automated speed enforcement (ASE) camera allegedly caught his vehicle speeding.
In December 2022, the Ontario Court of Justice dismissed the speeding charge after the defendant pleaded not guilty. One factor that contributed to the court’s decision was the officer who signed off on the ticket could not provide evidence that the ASE camera was accurate.
The lawyer who represented the defendant argued that the cameras could be unreliable. They were vulnerable to vandalism and did not get daily maintenance. He added that the cameras were a cash-grab tactic and failed to deter speeding. These arguments helped the defendant win the case, avoiding a fine of roughly $1,400.
If you also want to appeal a speeding ticket from a photo radar, you can ask for a trial and a disclosure. The disclosure is the police officer's records and notes of how they caught the driver speeding, outlining all evidence to be presented to the court.
Your speeding charge will be dropped if you do not receive a disclosure within a reasonable time. This is because the disclosure helps prove beyond a reasonable doubt that you violated speed limits.
You can also ask for evidence that the ASE cameras are certified and well-maintained. Without this proof, you can argue that the equipment was unreliable.
If you plan on appealing a speeding ticket, make sure to prepare all evidence that can help prove that you did not violate any traffic laws.
If you need more legal advice about this issue, call Diamond and Diamond. Our lawyers can give you the advice you need to build your case.
Deny the speeding charge and appeal the ticket in front of the Court of Justice
Plead guilty and pay the fine
Meet with a prosecutor to negotiate a lower fine
A recent case proved drivers could get a court to dismiss a speeding charge in Ontario. A car owner in Toronto challenged a speeding ticket they received after an automated speed enforcement (ASE) camera allegedly caught his vehicle speeding.
In December 2022, the Ontario Court of Justice dismissed the speeding charge after the defendant pleaded not guilty. One factor that contributed to the court’s decision was the officer who signed off on the ticket could not provide evidence that the ASE camera was accurate.
The lawyer who represented the defendant argued that the cameras could be unreliable. They were vulnerable to vandalism and did not get daily maintenance. He added that the cameras were a cash-grab tactic and failed to deter speeding. These arguments helped the defendant win the case, avoiding a fine of roughly $1,400.
If you also want to appeal a speeding ticket from a photo radar, you can ask for a trial and a disclosure. The disclosure is the police officer's records and notes of how they caught the driver speeding, outlining all evidence to be presented to the court.
Your speeding charge will be dropped if you do not receive a disclosure within a reasonable time. This is because the disclosure helps prove beyond a reasonable doubt that you violated speed limits.
You can also ask for evidence that the ASE cameras are certified and well-maintained. Without this proof, you can argue that the equipment was unreliable.
If you plan on appealing a speeding ticket, make sure to prepare all evidence that can help prove that you did not violate any traffic laws.
If you need more legal advice about this issue, call Diamond and Diamond. Our lawyers can give you the advice you need to build your case.
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در تاریخ 1402/01/03 منتشر شده
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