OHTA.ca

Hi,

I recently moved to Alberta and got a photo radar ticket in Spruce Grove. My car was still registered in Ontario at the time and they mailed a ticket to my old address. I would like to fight it. Section 160(1) of the Traffic Safety Act allows a vehicle owner to be liable for a number of offences including 115(2)(p) (exceed maximum speed limit). FYI, this ticket was from an operator using a speed-measuring device and photographing the license plate (not automatically).

Section 160(1) reads "If a vehicle is involved in an offence referred to in section 157 or a bylaw, the owner of that vehicle is guilty of an offence."

By the way it reads, I would imagine the crown would have the onus to provide proof vehicle ownership from the Ontario Ministry of Transportation and enter it in as evidence? How could I ask in disclosure for a certified copy from the MTO verifying ownership as the electronic record their computer system would generate would be hearsay? I was going to try "A certified copy of the record of vehicle ownership from the Provincial Department of Transportation (or equivalent)."

Should I hold off on even asking for it at all assuming the crown fails to obtain the document?

Assuming the crown fails to produce the certified record (which seems more likely due to being out of province), how could I bring the issue up during my trial? This issue seems to be the most likely way to win the trial. I hear these tickets are hard to beat.

Any other tips on best ways to fight this charge or any other points to ask for in disclosure? I've fought a number of tickets (some successfully) in Ontario, but this is the first out of province and it's all very foreign to me

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For the record this is everything I was going to ask for in my disclosure request:

 A full copy of the officer's notes and statements, typed if not legible;

 If short-form writing is used in the officer's notes, please have the officer provide an explanation for the short forms;

 A copy of the officers proof of completion of all the requirements to operate a photo speed-measuring device, including proof of a "Photo Radar Operators Course";

 A copy of the officers record of training for the specific speed-measuring device used;

 A copy of the manufactures manual for the speed-measuring device used by the officer;

 A copy of the Law Enforcement Department's regulations, policies, and guidelines regarding the use and operation of speed-measuring equipment for speed enforcement, as well as any pertinent Provincial regulations, policies, and guidelines.

 The calibration records of the speed-measuring equipment used, as well as the records pertaining to the completion of any regularly scheduled maintenance as required by the equipment manufacture and applicable Provincial law;

 Any photographic or video evidence if it exists and the Crown intends to use it at trial;

 A certified copy of the record of vehicle ownership from the Provincial Department of Transportation (or equivalent).

1. The device used is either a photo laser or photo radar unit and does photograph automatically. If radar all the operator does is approve the violation . If laser than the operator actually operates the device which takes a photo as the trigger is pulled automatically.

2. The crown gets the certified copy from MTO with the click of a button and it downloads onto the computer in a PDF file. Its VERY easy to get. The crown can also receive a certified red sealed copy from the MTO. However the court may accept either of the two.

To address your disclosure :

 A full copy of the officer's notes and statements, typed if not legible;

- there wont be any handwritten notes , in my experience

 If short-form writing is used in the officer's notes, please have the officer provide an explanation for the short forms;

- see above

 A copy of the officers proof of completion of all the requirements to operate a photo speed-measuring device, including proof of a "Photo Radar Operators Course";

- if radar unit you may or may not get this, the laser operator will have one. However you may not get a copy of it. They might produce it at court if you ask during cross examination.

 A copy of the officers record of training for the specific speed-measuring device used;

- won't get this

 A copy of the manufactures manual for the speed-measuring device used by the officer;

- you will get the testing page and cover page if your lucky

 A copy of the Law Enforcement Department's regulations, policies, and guidelines regarding the use and operation of speed-measuring equipment for speed enforcement, as well as any pertinent Provincial regulations, policies, and guidelines.

- getting this isn't likely either

 The calibration records of the speed-measuring equipment used, as well as the records pertaining to the completion of any regularly scheduled maintenance as required by the equipment manufacture and applicable Provincial law;

- you won't get this

 Any photographic or video evidence if it exists and the Crown intends to use it at trial;

You already have it, the photo on the ticket you got will be the one the crown will use

 A certified copy of the record of vehicle ownership from the Provincial Department of Transportation (or equivalent).

- you will likely get this from the crown at trial , or it may come in the disclosure

Keep in mind the crown may also offer you a deal. Photo radar is a commonly fought ticket and in my time in AB courts the crown easily proves its case , theres not much to fight. Its stationary radar giving up to 1000 tickets an hour ( example : Anthony Henday Drive at 184 St - Edmonton ) .

Good luck.