Quebec Crown won't appeal rejection of photo radar evidence
DPCP agrees with Quebec court decision that found photo radar evidence 'inadmissible' on its own
Quebec's use of photo radar to ticket drivers has hit a snag in the road.
The Director of Criminal and Penal Prosecutions (DPCP) has decided not to appeal a Quebec court decision that calls into question the validity of exclusively using photo radar evidence to issue traffic tickets.
Last month, a lawyer representing a woman challenging a $1,160 photo radar ticket successfully argued that relying on a fixed photo radar image alone is not enough to justify a ticket.
Justice of the peace Serge Cimon ordered the ticket thrown out and concluded that photo radar evidence alone was "hearsay" because no officer directly witnessed the traffic violation.
The DPCP now also finds such evidence "inadmissible" in these cases.
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Since Cimon's decision on Nov. 30, hundreds of photo radar cases have been put on hold.
The DPCP will have to study the pending and any forthcoming files on a case-by-case basis.
"In each case, we must ensure that the evidence we have is valid," said spokesman René Verret.
Quebec Transport Minister Laurent Lessard said last month that photo radars were "here to stay."
The province began installing permanent photo radars and red light camera technology in 2012.
There are currently 151 photo radars installed throughout Quebec, not including school and construction areas.
Plans to expand the program were announced in 2015.
With files from Radio-Canada and Elysha Enos