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Legal Ease
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Category: Canada Law
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I have received red light camera system offence notice, even

Resolved Question:

I have received red light camera system offence notice, even I was not a driver.
If I go to trial (option 1) what would be my best defence?
Submitted: 4 years ago.
Category: Canada Law
Expert:  Legal Ease replied 4 years ago.

Debra Thal (username) :

I think there is not much of a defence because the picture shows the car running the red.

Debra Thal (username) :

It may be a defence if the person driving did not have permission.

Debra Thal (username) :

The law here is the same as it is with respect to photo radar.

Debra Thal (username) :

The owner is responsible.

Customer:

Thank you. One more question: is it possible to require the prosecution to prove that the red light camera was in good technical order (i.e. no doubt that the picture does not present a "false positive")?

Debra Thal (username) :

Yes you can but it's hard to see how a false positive would work logically.

Debra Thal (username) :

I think, honestly, your best move, is to make a deal with the Crown to plead guilt to a lesser offence.

Debra Thal (username) :

It's very likely the Crown will agree because this avoids a trial.

Customer:

Thanks

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