JANUARY 27, 1997 
OMISSION IN PHOTO RADAR CASES PUTS THOUSANDS OF TICKETS IN JEOPARDY 

VANCOUVER - The BC motorists' advocacy group SENSE has discovered that 
nearly half of the over 80,000 tickets issued in the province's photo 
radar program may be invalid. 

The introduction of photo radar tickets in August 1996 has meant that 
persons disputing such tickets do not face the police officer in court, 
but only certificates presented by Crown lawyers. 

The affected tickets' supporting certificates do not state what speed 
limit was in effect at the time of the offence, a necessary element in 
the proof of a speeding case.  Drivers charged with exceeding the 
general municipal speed of 50 km/h or the general rural speed of 80 km/h 
under Section 151(1) of the Motor Vehicle Act may find that judges 
refuse to take judicial notice of the general speed limit. 

The current certificates fail to state that there was not another sign 
present, indicating a different speed limit, at the time of the offence.  
Because the officer is not present to testify, Crown counsel can do 
little to prevent the tickets from being dismissed aside from adjourning 
the trial and requiring the presence of the police officer on another 
date. 

Defendants in Section 151(1) cases, representing about 45 per cent of 
all tickets issued to date, can make a "no evidence" motion in court to 
quash the ticket. 

"People with unpaid Section 151(1) tickets may wish to file a dispute 
before their dispute period lapses if he or she wants to quash their 
tickets on these grounds," says SENSE Director of Research Michael Cain. 

The media and public can access additional information on the "News" 
page of the SENSE web-site at http://sense.bc.ca 

------------------------------------------------------------------------ 

SENSE is a not-for-profit society dedicated to improving road safety and 
the elimination of the photo radar tax-grab disguised as a safety 
initiative.  It urges a comprehensive approach to traffic safety 
including tough, European-style licensing requirements as a means of 
making the province's roads safe to drive on.