Precedent set
Photo radar ticket quashed — it wasn’t about safety
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http://www.winnipegsun.com/news/columnists/tom_brodbeck/2010/10/08/15638896.html
What about playgrounds at 8:00 am?
Are kids expected to be in them playing?
Is this the next quashing to happen?
Photo radar ticket quashed — it wasn’t about safety
_________________________________
http://www.winnipegsun.com/news/columnists/tom_brodbeck/2010/10/08/15638896.html
David MacKay says he was travelling north on Henderson Highway about 6 p.m. on June 8 — a Tuesday — just north of Bonner Avenue when he noticed the flash from a mobile photo radar vehicle. He checked his speedometer and says he was only going about 63 km/h in a 60-km/h zone.
He noticed virtually every car behind him also triggered a flash, but observed they weren’t speeding either.
MacKay, president and CEO of Canadian Association of Agri-Retailers, wasn’t about to let this one go. He got a ticket for $215 but decided to fight it in court by pleading not guilty.
MacKay says he wasn’t speeding. But that’s not what ultimately got him off the hook.
In court, MacKay — who worked for Mayor Sam Katz during the 2006 municipal election as a speech writer — cross-examined the commissionaire who issued the ticket.
He asked him if he knew where the school in question was located. After all, if it’s a school zone, there should be a visible school located nearby.
The commissionaire said he had no idea.
“I’m not aware of a school anywhere in the area and I’ve lived there for 10 years,” said MacKay. “There just happens to be a nice convenient place for him to park.”
In fact, there is a school nearby. But you can’t even see it from Henderson Highway. It’s about 200 meters east of the location, past several buildings and up a narrow, winding road. I checked it out.
The location where MacKay was nabbed is marked with school zone signs. But no reasonable person could possibly consider this area a school zone. The school, John G. Stewart, is far removed from the Henderson Highway location.
Nailing motorists there at 6 p.m. on a weekday well after school hours obviously has nothing to do with promoting safety for children and is contrary to the province’s photo enforcement legislation.
So the ticket was quashed. And a precedent has been set.
What about playgrounds at 8:00 am?
Are kids expected to be in them playing?
Is this the next quashing to happen?