Are fixed photo speed cameras valid evidence?

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A car speeding in front of a photo radar.

In 2016, Judge Cimon’s ruling eliminated key evidentiary elements that were needed to prove beyond a reasonable doubt to secure a conviction for high-speed driving.

Judge Cimon concluded that the evidence gathered from the fixed photo radar should be considered hearsay. Consequently, the statement issued following the offence wasn’t directly verified by a police officer.

In 2018, amendments were made to the Highway Safety Code, specifically sections 332 and 359.3. As a result of these changes, photographs taken by a photographic radar are now admissible evidence in court without the need to prove that the validations and verifications outlined in the regulations were conducted. These articles establish a presumption of accuracy for the information visible or recorded in the photo. However, a counter-argument can be presented to challenge the allegations of accuracy associated with the photograph.

Clear legislation about speed cameras in Quebec

The law is clear on the admissibility of an offence report that can be used as testimony without the presence of the police officer in court. Indeed, the latter is admissible in evidence since the police officer is the one who personally witnessed the commission of the offence. The police officer who submitted the report may also be invited to testify in court, if the judge authorizes it and if he considers that the statement is useful.

What to do if you get a speeding ticket from a photo radar

Improve your chances of being acquitted by hiring a ticket traffic lawyer. With photo radars now being valid evidence for issuing a speeding ticket, it’s important to consult us immediately for expert guidance and support.

Director of Criminal and Penal Prosecutions V. Bove, 2016 QCCQ 13829 (CanLII), accessed online November 30, 2020.
Director of Criminal and Penal Prosecutions V. Champoux-Minault, 2019 QCCQ 110 (CanLII), consulted online November 30, 2020.
Moscowitz c. Attorney General of Quebec, 2020 QCCA 412 (CanLII), accessed online November 30, 2020, p. 17 to 19.
Code of Penal Procedure, CQLR.
Director of Criminal and Penal Prosecutions v. Champoux-Minault, 2019
QCCQ 110 (CanLII), accessed online November 30, 2020.

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