How To Dispute A Camera Speeding Ticket

Tin I challenge a photo radar camera speeding ticket?

July 10, 2020

If you got a speeding ticket in BC in the past year, there's a run a risk you are one of tens of thousands of drivers issued a photo radar camera speeding ticket.

The BC regime made more 30 so-called red-light speed cameras operational concluding July. Between then and April, the snap-happy speed traps issued 23,303 traffic tickets. To date, the highest speed violation the intersection speed cameras captured was someone going 149 km/hr in a 50 chiliad/hour zone.

If a speed camera fine constitute its way to your mailbox, you probably want to know what it all means and what your options are. This blog aims to provide some answers.

Who problems a photo radar camera speeding ticket?

The constabulary, the BC provincial government, and ICBC operate the Intersection Prophylactic Photographic camera (ISC) program. A photo radar camera speeding ticket is issued when a driver exceeds the speed limit while passing through 1 of 34 intersections in BC. When the photo radar is triggered it takes a photo of the vehicle.

2 intersection safety camera program officers then examine the photos. If they both independently determine an offence took place, they volition cross-reference the license plate number with the Department of Motor Vehicles to find the registered owner of the vehicle. They will then send the registered owner a speeding ticket in the mail service. If the ticket returns undelivered, a procedure server will hand the ticket at the owner's address in person.

Practise speed camera tickets carry penalty points?

Since the speed camera ticket is issued to the registered owner, they might not take been the person behind the wheel when going through the intersection. The owner might have lent their vehicle to someone else who committed the offence. Equally a effect, registered owners exercise not receive penalization points on their driver's licence Intersection Safety Camera speeding violations.

It is slightly unlike for commercial drivers, notwithstanding. If you bulldoze for work, a photo radar camera speeding ticket tin can outcome in points added to your National Safety Code profile. If you are a commercial driver, then, you take an added incentive to dispute an intersection rubber camera ticket.

Should I dispute a speed camera ticket?

If y'all get a photo radar photographic camera speeding ticket in the mail service, y'all have 2 main options: y'all can admit guilt and pay the fine, or yous can dispute it. If you lot decide to dispute it, you lot must act fast. Y'all only take 45 days to dispute it, or xxx days if you were handed the ticket past a procedure server.

If you choose to go the dispute road, the first footstep is to complete a Violation Ticket Notice of Dispute form and either postal service information technology or manus it in person at a provincial court registry or ICBC driver licensing role. Only the registered possessor can dispute the ticket but they can nominate someone to correspond them.

Next, yous must wait to receive a court date in the mail. Y'all or your representative and then attends court where an intersection safety photographic camera officer will appear to explain the bear witness confronting you.

Defences against a photo radar camera speeding ticket

If you decide to dispute a speed camera ticket, information technology is highly recommended that you hire a lawyer to fight information technology for you. At the very least, if you decide to go it lonely, you need to prepare a strong defence force. There are just a handful of defences that generally succeed in speed camera ticket disputes.

Yous could debate the defence force of necessity, that yous had no reasonable legal option other than to exceed the speed limit. The burden of proof is on you to prove the defence of necessity.

Other defences that might utilise to you is if the vehicle was stolen or if you were not the registered owner at the time the photograph was taken. These defences would simply apply in very specific circumstances, however, they should be adequately straightforward to prove.

Your all-time selection might be to carefully examine the testify against y'all. You accept a legal right to disclosure of the evidence confronting you. Is the licence plate partially obscured? Was the photo radar speed camera properly maintained? Was the determination reached by the intersection rubber photographic camera plan officeholder based on sound reasoning? These are all possible avenues you or a trained legal representative can use to go a traffic ticket overturned.

If you want to dispute a photo radar photographic camera speeding ticket, the BC Driving Lawyers are here to help. Requite the states a call on 604-608-1200.