Red Light Camera Ticket - Waterloo v. Yan DEFENSE Still Work

joland
Newbie
Newbie
Posts: 4
Joined: Tue Aug 27, 2013 10:39 pm

Red Light Camera Ticket - Waterloo v. Yan DEFENSE Still Work

by: joland on
Thu May 01, 2014 8:23 pm

Hey guys, filed for trial on a red light camera ticket.

11b doesn't apply because it's only 8 months from offence to trial.

Next is filing for disclosure which I read somewhere a person said they'll only provide the photographs as disclosure.
I can obviously argue incomplete disclosure if I want the officer's certification, etc.

However, I'm wondering if it's a better defense to use:
Waterloo v. Yan (http://www.canlii.org/en/on/onca/doc/20 ... 32076.html)

Ticketcombat and many others mentioned this case. Basically the court said a photograph is not admissible if it doesn't have the location on the actual photograph (section 32) of that link above.

QUESTION IS: does anyone know if this argument is still valid or if it had ever worked in court?


iFly55
Sr. Member
Sr. Member
Posts: 561
Joined: Mon Nov 29, 2010 7:08 pm

Posting Awards

by: iFly55 on
Fri May 02, 2014 3:31 am

So none of your photographs have the date, location & time of day?

What do you mean by officer's certification? Waterloo v. Yan has set the threshold for summoning the officer really high; the regulation doesn't require the disclosure of the officer's certification to secure a conviction. http://www.e-laws.gov.on.ca/html/regs/e ... 0277_e.htm

Another member here seems to have gotten something with his disclosure request: http://www.ontariohighwaytrafficact.com ... [quote]the disclosure package I received contained the following; a letter from the Registrar of Motor Vehicles attesting to the truthfulness of the records provided; certificate of ownership; enlarged prints of the photos included on the ticket.[/quote]If there aren't any fatal errors on the face of the ticket... you're much better off working on a guilty-plea statement.

If you have financial difficulties, the courts can reduce the fine and set you up with a payment plan (ie. $10/mth) to help pay your fine.


User avatar
highwaystar
Sr. Member
Sr. Member
Posts: 298
Joined: Fri Oct 11, 2013 5:46 pm

Posting Awards

by: highwaystar on
Fri May 02, 2014 2:22 pm

The Yan decision still applies. However, I'd be quite surprised if there is still any Ontario jurisdiction who hasn't implemented those requirements on their photographs.

Keep in mind that the "location" does not need to be set out by name, but rather is done by setting out the municipal codes as per the regulations. It is usually on Line 2 under the word "Code". The various municipal Codes are set out in this regulation. The letter enclosed with your photos will then provide you with specific information such as the exact intersection location. It is therefore quite hard to win on a red light camera case due to a defect.

As iFly55 states, the threshold to require the officer to attend court is quite high, so you'll need to craft some very creative arguments to succeed in that area as well.


Post Reply
  • Similar Topics

Return to “Red Light Camera Ticket”

Who is online

Users browsing this forum: No registered users and 1 guest