My wife got a speeding ticket... so I'm headed to court. I think I've got a pretty good defense, but please poke holes in it.
Ticket is photo radar from stationary van for 12km/h over in a 50km/h zone. My defense is based on the peace officer not following guidelines in regards to a proper public awareness strategy. I plan to cross-examine him and not testify. I am challenging the peace officer's right to take the ticket rather than the contents of the ticket.
1: http://www.transportation.alberta.ca...ementSigns.pdf
From this document: If a municipality has or will be implementing photo enforcement within the community, that municipality is required to follow the 'Automated Traffic Enforcement Technology Guidelines' of providing public awareness.
As a public awareness requirement, signage must be installed to inform drivers of photo enforcement locations. The sign permit issued by Alberta Transportation for the installation of these signs should be with the municipality and not with their photo enforcement contractor.
2: The guidelines: https://www.solgps.alberta.ca/progra...pt%202014).pdf
The guidelines seem like they talk more about speed-on-green cameras, but section 5 about "public awareness" still seems to discuss signage. However, on entrance to the community, and all the way to where I got the ticket, there is no signage.
3. I believe they can also achieve disclosure via publically posting. So on the Calgary.ca website, I found their disclosure (streets and communities for September). Link: http://newsroom.calgary.ca/news/sept...ment-locations
The street and community where I got the ticket isn't disclosed.
My argument: The officer was not following proper set out guidelines at the time the picture was taken. Specifically, he failed to ensure public disclosure as there was (a) no sign posted, and (b) no public notice given.
I read through the TSA and Police Act this morning, but found nothing that can help or hinder my case. Can I win? What are easy counter-arguments?