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What charge is a hit and run

admingamachemedia — Fri, 04 Aug 2023 05:42:07 +0000

Understanding a hit and run violation

Hit and runs are a complex infraction. This offence is found in both the Highway Safety Code as well as in the Criminal Code. This means that depending on several factors, including the severity of the injuries a person sustains due to the hit and run, you may be faced with a ticket or an actual criminal charge.

What is a hit and run?

The Highway Safety Code provides a few scenarios explaining what is a hit and run infraction. The most common situation is when the driver of a vehicle is involved in an accident and fails to stay on the scene or does not return immediately after the accident to provide the necessary assistance to any person who could be injured or who needs assistance (art. 168 Highway Safety Code). The Highway Safety Code also broadens this offence to incorporate an event where a driver has a collision with an unoccupied vehicle or any other inanimate object (art.171 Highway Safety Code).

The obligations of a hit and run driver

After the events of a hit and run, the driver is responsible for providing the individual who has experienced damage due to the collision with their name, address, license number, the name and number of the owner listed on the vehicle’s registration, the certificate of insurance or solvency provided for in the Automobile Insurance Act, and the license plate number (art. 170 Highway Safety Code). If a police officer arrives at the scene, the driver must provide the above information to them as well. If the owner of the damaged property is not on the scene and cannot be accessed, the driver must immediately contact the nearest police station and provide them with the information mentioned above (art. 171 Highway Safety Code). Furthermore, if the accident involves hitting an animal weighing more than 25 kg, the obligations of the driver will be the same as above.

Charges for a hit and run violation

Various penalties may be imposed in the case of a hit and run infraction. First, you risk a fine of anywhere between $600 to $2000. In addition, nine demerit points will be added to your SAAQ driving record.

What to do if you receive a hit-and-run ticket

If you receive an infraction for a hit and run and you wish to contest it, act quickly by making an appointment with one of our traffic ticket lawyers who will be able to guide you through the entire legal process for contesting a hit and run ticket.

The post What charge is a hit and run appeared first on MTL Ticket.

Speeding tickets in Quebec

admingamachemedia — Thu, 23 Jun 2022 10:48:08 +0000

In Quebec, when a driver exceeds the permitted speed limit, tickets are categorized into two groups: speeding and excessive speeding.

What are speeding violations

In Quebec, when it comes to speeding violations, the SAAQ (Société de l’assurance automobile du Québec) provides a comprehensive breakdown of fines and demerit points on their website. They have categorized this information into three main tables:

For zones with a posted speed limit of less than 60 km/h.
For zones with a posted speed limit of more than 60 km/h but not exceeding 90 km/h.
For zones with a posted speed limit of 100 km/h or higher

It’s important to note that fines double automatically when you are in a road work zone or a school zone during school hours. This detailed information is readily available to help you understand the consequences of speeding violations and make informed decisions while on the road.

How police calculate speeding violations

In Quebec, various methods are employed to detect speeding violations on the road and, in turn, issue speeding tickets. These include photo radars, typically installed along highways, police radars used by law enforcement to identify speeding on both highways and less congested roads, and the tracking method.

The tracking method is relatively straightforward: a police officer follows a vehicle at a set distance over a defined stretch of road for a specific period. This allows them to determine the speed of the vehicle they are tailing, utilizing their own vehicle’s odometer for reference.

To establish speed using this technique, three key factors come into play:

A consistent distance is maintained between the pursuing and pursued vehicles.
The constant speed of the tracked vehicle.
The total length of the tracking process.

Should any of these elements remain uncertain or unverified, the tracking method may not be relied upon to establish the driver’s guilt. Notably, the Quebec Court of Appeal has ruled that the odometers in police vehicles are recognized measuring devices, removing the necessity for additional validation of their functionality or calibration.

What to do if you receive a speeding ticket

If you want to dispute a speeding ticket, you need to act fast. Our traffic ticket lawyers will explain how to contest your ticket and help you handle this infraction.

The post Speeding tickets in Quebec appeared first on MTL Ticket.

What is excessive speeding?

admingamachemedia — Wed, 15 Jun 2022 10:05:20 +0000

Running late for work or a crucial meeting? You may find yourself pressing down on the accelerator pedal a bit harder than you usually would. In fact, very few drivers can honestly say they’ve never exceeded the legal speed limits. However, it’s essential to recognize that surpassing these limits can entail significant ramifications — especially depending on how much over the limit you are going.

Laws and regulations, particularly the Highway Safety Code, establish specific speed limits. Speeding simply refers to driving at speeds greater than these legal limits. As responsible citizens, we’re aware that disregarding the law can lead to repercussions, and the Highway Safety Code is no exception. The consequences can include the imposition of demerit points, fines, or a combination of both.

Understanding excessive speeding in Quebec

Speeding violations can be categorized into two groups: regular speeding and excessive speeding. These classifications can be perplexing, so let’s clarify them. Regular speeding entails simply driving above the posted speed limit. On the other hand, excessive speeding is more intricate.

Excessive speeding occurs when a driver surpasses the speed limit by:

40 km/h or more in areas with limits of 60 km/h or less,
50 km/h or more in areas with limits ranging from over 60 km/h to 90 km/h,
60 km/h or more in areas with limits of 100 km/h or higher.

The repercussions for this category of offence are considerably more severe. For a first offence, your driver’s license may be suspended for seven days immediately following the incident. If you are found guilty of this offence, it will remain on your driving record for 10 years, even if the demerit points are expunged after two years.

In the event of a recurrence within this 10-year timeframe, the penalties can escalate significantly. For instance, both the number of demerit points imposed and the fine amount can double.

Moreover, the cost of your driver’s license may also be affected based on the accumulation of demerit points.

Contesting excessive speeding tickets

In the province of Quebec, numerous photo radars are strategically placed to monitor and deter speeding. These speed cameras are typically positioned in areas where authorities believe there is a higher likelihood of motorists exceeding the speed limit. You can often spot these radars on the outskirts of highways or along busy thoroughfares.

Functioning much like surveillance cameras, photo radars automatically capture images of vehicles and their license plates if they are travelling at speeds above the authorized limit. The collected evidence is subsequently reviewed by a police officer who compiles an offence report. If the radar-obtained evidence strongly suggests a violation of the Highway Safety Code, the police officer forwards the case to the Offence and Fines Bureau. Subsequently, you will receive a speeding ticket by mail. Upon receipt of the ticket, you have a 30-day window to contest it.

However, did you know that authorities are required to notify or announce the presence of a photo radar device on the road to inform drivers that they are being monitored for speeding? It’s a form of transparency to let drivers know that they might be caught by the radar if they exceed the speed limit.

Additionally, if a driver is found guilty of a speeding offence based on evidence obtained from a photo radar, no demerit points will be added to their driving record as a penalty. In other words, while fines or penalties may apply, the driver’s demerit point balance won’t be affected for this specific type of offence.

What to do if you receive an excessive speeding ticket

The consequences of speeding, especially excessive speeding, can be significant. Therefore, it’s crucial to reach out to a traffic lawyer promptly. Our team will thoroughly assess the evidence against you. If a viable defence exists, we will work with you to secure the most favourable outcome for your case. In situations where no defence is available, we will negotiate your case to achieve the best possible resolution under the circumstances.

The post What is excessive speeding? appeared first on MTL Ticket.

Defending against a statement of offence

admingamachemedia — Wed, 15 Jun 2022 10:05:11 +0000

When you receive a ticket, you have the option to contest it to potentially avoid paying a fine and accumulating demerit points on your driving record. To contest a ticket successfully, you need to present a valid defence during an out-of-court negotiation or a trial. Various defences can lead to an acquittal, and here are a few examples.

The necessity defence

The defence of necessity can be invoked under the following conditions:

An urgent and clearly imminent danger must exist;
There is no reasonable and legal alternative to breaking the law;
The harm caused must not be excessive compared to the harm being avoided.

It is the prosecution’s responsibility to refute this defence and prove, beyond a reasonable doubt, that the accused acted willingly. For instance, consider a doctor who is on call and the only surgeon capable of performing emergency surgery on a child. If there are no other viable options to address the emergency, and the doctor’s urgent response is essential, the necessity defence may be applied to secure an acquittal.

The impossibility defence

The defence of impossibility places the burden on the defendant to demonstrate that committing the offence was unavoidable. The defendant is not burdened with proving guilt but with presenting evidence. To establish this defence, three conditions must be satisfied, and it falls upon the prosecution to refute them beyond a reasonable doubt:

The defendant must not have contributed to the occurrence of an uncontrollable event (an external, irresistible, and unforeseeable situation).
The defendant must have made every reasonable effort to comply with the law.
Any reasonable person in a similar situation would have acted similarly.

For instance, consider a scenario where an individual fails to stop at a sign because a school bus obstructed their view of the sign at that intersection. In such a case, the impossibility defence may be applicable, as all three conditions would be met.

The due diligence defence

The defence of due diligence is applicable when the defendant can establish that they took all necessary and reasonable precautions to prevent the specific event from occurring. They must show that they were not negligent in any way and that a reasonable person, placed in the same circumstances, would have acted similarly.

The reasonable mistake of fact defence

To successfully utilize the defence of reasonable mistake of fact, the defendant must demonstrate that they had a reasonable belief in a fact that, if it were true, would have made their action or omission innocent. The defendant must establish the reasonable error of fact by a preponderance of the evidence, with two key elements:

A factual mistake;
Its reasonableness.

The first element is subjective and requires a genuine misunderstanding on the part of the defendant. They must prove that they made reasonable efforts to ascertain the true circumstances. The second element is objective and evaluates the reasonableness of the error using the standard of a reasonable person.

Imagine a driver who is pulled over by the police for speeding. The driver genuinely believed that the speed limit on that particular road was 65 km/h because they misread a faded or obscured speed limit sign. In reality, the speed limit was 50 km/h. The driver can argue that they made a reasonable mistake of fact regarding the speed limit, as the sign was not clearly visible. If they can convince the court that their belief was reasonable given the circumstances, they may be acquitted based on the defence of reasonable mistake of fact.

Evaluating contradictory versions in court

When a judge is confronted with conflicting testimonies, they must adhere to the following criteria in their decision-making process:

If the judge believes the accused, they must acquit them.
If the judge does not believe the accused but has a reasonable doubt, they must acquit them.
The judge must then evaluate whether, based on all the evidence the court accepts, they are convinced beyond a reasonable doubt of the accused’s guilt.

In cases involving contradictory versions, the credibility of the defendant plays a crucial role. If the defendant appears credible, and if any doubt remains in the judge’s mind, they must acquit the accused.

There are various defences available to fight a traffic ticket, but the applicability of these defences may be contingent on specific circumstances. Those facing prosecution can seek acquittal by invoking one of these recognized means of defence.

What to do if you receive a traffic ticket

MTL Ticket has a team of seasoned traffic lawyers with extensive expertise in the realm of traffic violations. Get in touch with us immediately upon receiving a ticket. Our dedicated professionals are well-equipped to provide expert guidance and representation when contesting charges under the Highway Safety Code.

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Understanding the risks of drinking and driving

admingamachemedia — Fri, 20 May 2022 18:41:17 +0000

A police officer who pulls you over may instruct you to provide a breath sample to detect alcohol in your system. If they have an Approved Screening Device (ASD) in their patrol vehicle, they may ask you to blow into the breathalyzer at the roadside. If the result indicates FAIL, you will be arrested immediately.

Failing or refusing to comply with the officer’s breathalyzer request will result in criminal charges with severe penalties. It’s crucial to follow proper breathing procedures; otherwise, the police might interpret it as a refusal, leading to criminal charges as well.

However, be aware that a police officer can arrest you without administering a breathalyzer test if they have reasonable grounds to suspect you’re driving with a blood alcohol level above the legal limit. To establish reasonable grounds, they must rely on various objective factors such as red eyes, alcohol odour on your breath, a dry mouth, or an unsteady gait.

Arrest following a positive breathalyzer test

Upon arrest, you are entitled to certain rights protected by the Canadian Charter of Rights and Freedoms. If the police officer fails to uphold your rights during the arrest, the evidence they have collected against you may be dismissed during the trial. Here are the primary legal safeguards you are entitled to:

The right to know the reasons for your arrest

When you are arrested, the police officer must explain to you in layman’s terms the reasons for your arrest.

The right to speak to a lawyer

When you are arrested, the police officer must inform you of your right to speak to a lawyer. It is a fundamental right from which you benefit. As soon as possible after your arrest, the police must allow you to see a lawyer in private. You can choose a lawyer of your choice or a legal aid lawyer, for example.

The right to remain silent

As soon as you are arrested, you can remain silent and say nothing to the police officer to avoid any statement on your part that could put you at a disadvantage and be used against you during the trial. The police officer must inform you of this right.

What if my breathalyzer reading is below 80mg/100ml?

It is wrong to believe that impaired driving charges can only be brought against you if your blood alcohol level is above the legal limit of 80 mg/100 ml. Indeed, it is possible that your blood alcohol level is below the legal limit, but that your ability to drive is still impaired by the effect of alcohol and this would also lead to criminal charges. This is often the case when you consume alcohol and are tired, for instance. This combination could cause you to have symptoms of impairment and could therefore be charged under the Criminal Code.

Furthermore, reconsider the idea of taking a nap in your vehicle to “sober up” without the fear of arrest, as it may not be a solution. If a police officer encounters you while you are resting in your car, you could be charged with being in the care or control of your vehicle while impaired by the effects of alcohol. This applies even if your intention was not to drive but to wait for a taxi or a friend. You may face similar consequences as someone arrested for drunk driving and will need to present your defence in court during a trial.

The consequences outlined in both the Highway Safety Code and the Criminal Code for impaired driving offences are extremely severe. When you admit guilt or are convicted of impaired driving, the Criminal Code prescribes significant penalties, including a mandatory minimum fine starting at $1,000, which may vary depending on the circumstances. Additionally, a minimum one-year driving prohibition is imposed. The severity of the penalties depends on various factors such as whether it’s a first-time or repeat offense, or if your blood alcohol level exceeds double the legal limit. Furthermore, a conviction automatically results in a criminal record.

How are my demerit points affected by drinking and driving?

The demerit points you accumulate remain on your driving record for two years following the date of your conviction. After this period, they will be erased from your file. However, if excessive speeding is involved, the points will be erased after two years, but will remain visible in your driving record for ten years!

What to do if you are arrested for driving while under the influence

If you are facing criminal charges related to impaired driving, we strongly encourage you to reach out to a traffic lawyer immediately. We are committed to providing you with a robust defence and increasing the chances of a favourable outcome in your case.

The post Understanding the risks of drinking and driving appeared first on MTL Ticket.

What is dangerous driving?

admingamachemedia — Thu, 19 May 2022 16:00:41 +0000

How can you get a ticket for dangerous driving?

To be found guilty of dangerous driving, the prosecution must prove that you (1) operated a mode of transportation, and (2) in a way that endangered the public. Operating a motor vehicle refers to the ability to maneuver or have control over it. Additionally, it’s crucial to understand that driving can take various forms, depending on the means of transport, such as a car, boat, aircraft, or railway equipment.

The dangerous nature of your driving is determined by the specific circumstances. This involves considering factors like the time of day, road conditions, weather, speed, and the presence of other people on the road.

Ultimately, the prosecution needs to demonstrate that your actions significantly deviated from what a reasonable person would have done in the same situation. It’s not about your intentions but rather about the expected conduct under similar conditions. This establishes a standard of behaviour for the accused person.

Charges for dangerous driving

The applicable penalties under the Criminal Code for dangerous driving offences vary depending on several factors. These factors include the specific offence you are charged with (dangerous driving, dangerous driving causing bodily harm, or dangerous driving causing death), the chosen mode of prosecution (summary conviction or indictment), and whether there is a history of dangerous driving offences.

For a first offence of dangerous driving, the maximum jail sentence is two years less one day if prosecuted summarily, and 10 years if prosecuted by indictment.

If bodily harm occurs during the offence, penalties range from a minimum fine of $1,000 to a maximum of $5,000 when prosecuted summarily, along with a maximum imprisonment of two years less one day. If prosecuted by indictment, the penalties include a minimum fine of $1,000 and a maximum imprisonment of 14 years.

In cases of dangerous driving causing death, the offence can only be prosecuted by indictment, and the penalties range from a minimum fine of $1,000 to a maximum of life imprisonment.

Additionally, the court may impose a driving ban as per article 320.24(5) Cr. C, and other specific measures depending on the circumstances.

Handling dangerous driving violations in Quebec

Dealing with cases of dangerous driving can be complex since it can be dealt with in different ways. First, dangerous driving can be an offence under the Criminal Code, as discussed above, as well as under the Highway Safety Code. Moreover, a charge of criminal negligence may also be possible when the material elements of dangerous driving are proven and the mental element is to be higher than a marked departure, i.e. a marked and substantial departure. Thus, given the considerable differences between the offences as well as between the consequences related to them, it is important to contact a traffic lawyer to accompany you during this legal process.

What to do if you receive a dangerous driving ticket

As soon as you receive a ticket for dangerous driving, contact us. It is important to act promptly when disputing tickets. Our team of traffic lawyers will be able to help you throughout your legal journey.

The post What is dangerous driving? appeared first on MTL Ticket.

Types of driver’s license in Quebec

admingamachemedia — Wed, 18 May 2022 13:30:42 +0000

In Quebec, individuals as young as 16 with a valid license can operate a vehicle. Acquiring a driver’s license involves obtaining a learner’s license first, by successfully completing both theoretical and practical exams conducted by the Société de l’assurance Automobile du Québec (SAAQ). Quebec offers various categories of driver’s licenses, with the number of demerit points allocated contingent on your age and the license category.

Quebec learner's license

To obtain a learner’s permit, you must be a minimum of 16 years old, and if you’re under 18, written consent is acquired from a legal guardian. This permit grants you the privilege of driving a vehicle as long as a licensed driver with at least two years of experience accompanies you. You’re given a year and a half to fulfill all the prerequisites specified by the SAAQ before your learner’s license expires. A learner’s license comes with a limit of four demerit points, so accumulating four or more points on your driving record will result in an automatic license suspension. It’s crucial to note that a learner’s license is subject to a “zero tolerance” policy, which strictly prohibits any alcohol consumption before driving. Getting behind the wheel after drinking can lead to severe legal repercussions, including a 90-day license suspension. Furthermore, there are legal restrictions associated with a learner’s license that prohibit driving between midnight and 5 a.m., and violations can result in substantial fines.

Quebec probationary license

The probationary license grants you the privilege of driving solo, without requiring a supervising driver. This license is valid for two years. To qualify for a probationary license, you must have held a learner’s permit for a minimum of 10 months. As with the learner’s permit, this license operates on a four-demerit-point system. Accumulating four demerit points will lead to an automatic suspension of your probationary license. The zero-tolerance policy for alcohol consumption also applies to this license type. You are strictly prohibited from driving after consuming any alcohol, and any violations will result in penalties. If you are under 19, you are limited to having only one passenger who is also under the age of 19 in the vehicle between midnight and 5 a.m. during the first six months of your probationary license. However, in the latter half of the first year of your probationary license, you can have a maximum of three passengers under 19 between midnight and 5 a.m.

Quebec driver’s license

To obtain your driver’s license, you must have held your probationary license for a minimum of two years. There are three different demerit point systems: 8 points, 12 points, and 15 points, which vary depending on your age. If you are 23 years old or younger and have a driver’s license, you will be subject to the eight-demerit-point system. If you are 23 or 24 years old, the 12-demerit-point system applies to you, and if you are 25 years or older, you will be governed by the 15-demerit-point system. It’s essential to note that the zero-tolerance policy for alcohol consumption applies to individuals under 21 years old, even if they have a driver’s license.

When are demerit points added to my driving record?

Demerit points are added to your driving record when you pay your ticket or when the court hands down a judgment finding you guilty. If you pay your statement of offence, the court sends the information to the SAAQ and the latter then enters the points in your file. It’s important to note that paying your fine is automatically equivalent to pleading guilty. So, it is no longer possible to contest your ticket after paying the fine.

How long do demerit points stay on my driving record?

The demerit points you accumulate remain on your driving record for two years following the date of your conviction. After this period, they will be erased from your file. However, for excessive speeding, even though the points will be erased after two years, they will remain visible in your driving record for ten years.

What to do after receiving a statement of offence

Upon receiving a ticket, contact us immediately. Our team of expert traffic ticket lawyers will be able to help you contest your ticket, save your demerit points, and clear your name.

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Understanding cell phone use while driving laws

admingamachemedia — Wed, 18 May 2022 13:17:52 +0000

Is it legal to hold a cell phone for GPS use while driving?

On August 20, 2019, a decision of the municipal court of the City of Candiac (Ville de Sainte-Catherine v. El-Kheir) was rendered regarding the use of a cell phone while driving. This was a situation where the passenger was holding a phone herself to allow the driver to consult the GPS function.

The defendant is therefore accused of having used a cell phone while driving a vehicle in contravention of section 443.1 of the Highway Safety Code (HSC). The key questions revolved around whether the defendant had indeed committed the offence of using a phone while driving and whether they could invoke the defence of de minimis no curat lex.

The law and the use of electronic devices while driving

Article 443.1 of the CSR outlines the prohibition on using a cell phone while driving a vehicle, except in specific situations. The first allowable scenario is when the driver utilizes a hands-free device. The second situation permitting cell phone use includes meeting the following criteria:

The device should solely display relevant information for operating the vehicle or information related to its regular equipment.
The device must be integrated into the vehicle or installed on a mount, whether removable or fixed.
It should be affixed in a way that does not obstruct the driver’s view, impede their actions, hinder equipment operation, or reduce effectiveness, while also minimizing the risk of injury in case of an accident.
The device must be positioned and designed so that the driver can operate it and consult it easily.

In the case of Mr. El-Kheir mentioned earlier, the phone displaying the GPS was held by the passenger in the vehicle. Furthermore, the driver was engaged in a hands-free phone conversation, which, although potentially distracting, was not a legal offence. The critical issue revolved around the requirement for the GPS-displaying device to be affixed to a vehicle support.

The court delved into the interpretation of the term “support” within the legal context. It was determined that a support, as per the law, must be a physical object used for propping or elevating the phone. A person’s hand within the vehicle does not qualify as a support as defined by the law. Consequently, the Tribunal had no option but to establish that the offence had been proven beyond a reasonable doubt. The next step was to assess the application of the “de minimis non curat lex” defence.

The de minimis non curat lex defence

Originating from common law, the “de minimis non curat lex” defence, in Latin, translates to “pertaining to minimal things.” This legal recourse isn’t intended to alter legislative laws; rather, it provides the court with discretion when facing a seemingly frivolous lawsuit, one deemed unworthy of pursuit.

Over time, courts have established specific criteria for invoking this defence. Factors considered include the defendant’s character, the charge’s nature, the circumstances surrounding the offence, the offence’s impact, the legislative intent, and the public interest. It’s crucial to ensure that employing this defence does not contravene the public interest, thereby upholding public trust in the judicial system.

Application of the defence to the case of Mr. El-Kheir

Upon reviewing Mr. El-Kheir’s case, the Tribunal determined that the “de minimis non curat lex” defence was applicable. While the defendant technically met the offence’s criteria, the transgression was not a deliberate act; it was a situation unforeseen by the legislator. Moreover, convicting the defendant for using a cell phone while driving in such circumstances would risk significantly shocking the public and eroding confidence in the judicial system more than an acquittal.

Judge Dorais emphasizes that this ruling doesn’t establish a new legal precedent for such situations. Citing Judge Healy’s words in the Dubourg v. R. case, he underscores that the de minimis defence is to be applied restrictively, only in the most evident cases.

Decision: City of Sainte-Catherine v. El-Kheir, 2019 QCCM 120

Cases Cited – Dubourg v. R., 2018 QCCA 1999

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Restricted licenses during a global pandemic

admingamachemedia — Tue, 26 Jan 2021 16:49:04 +0000

On April 14, 2020, the Court of Quebec issued a unique judgment regarding granting a restricted driving permit amid a health emergency crisis.

In the case of McKenzie v. Société de l’assurance automobile du Québec, the defendant, Mr. McKenzie, is requesting a restricted license that would allow him to drive for work purposes. He argues that, given the lack of public transit and the reluctance to carpool during the pandemic, his job is at risk. The Société de l’assurance automobile du Québec contends that the plaintiff does not meet the criteria specified in section 121 of the Highway Safety Code.

Judge Kennedy references section 118 of the Highway Safety Code, which allows for the issuance of a restricted license if the person can prove to the judge that driving a motor vehicle is essential for their employment and livelihood. Given the extraordinary circumstances of the ongoing health crisis, the defendant has established the necessity of having this permit to commute to and from work.

In this regard, the circumstances of this case distinguish it from previous decisions where applications for a restricted license were denied based on reasons akin to Mr. McKenzie’s. Consequently, Judge Kennedy partially approves the defendant’s plea and grants him a restricted license. However, this permit is limited to the duration of the health emergency, allowing Mr. McKenzie to commute to and from work using a motor vehicle.

What to do if you receive a notice of suspension of your driver's licence

As soon as you receive a letter from the SAAQ stating that your license will be suspended following the accumulation of demerit points, contact us immediately to obtain a restricted license before the start of your suspension. Our traffic ticket lawyers will be able to assess your file and tell you if you meet the eligibility criteria for this application.

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Are fixed photo speed cameras valid evidence?

admingamachemedia — Wed, 09 Dec 2020 17:41:49 +0000

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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