Fight Speeding Tickets: Alberta Drivers Can Beat Camera Tickets

If you've received a speeding ticket in Alberta, you may be wondering if it's worth fighting it. While it can be a hassle to go to court, there are several reasons why it might be in your best interest to dispute the ticket. Firstly, paying a speeding ticket can damage your driving record, which can lead to increased insurance premiums and cost you a significant amount of money. Even minor traffic violations can cause your insurance rates to increase substantially. Additionally, while demerit points are important, they are not the primary reason to fight a traffic ticket. Accumulating convictions on your driving record is what primarily affects your insurance rates. By fighting the ticket, you may be able to get it reduced or dismissed, saving you money in the long run. However, it's important to note that the process of fighting a ticket can be time-consuming and may not always be successful.

Submit a not guilty plea

If you believe you were wrongly charged with a photo radar or red light camera ticket, you can submit a not guilty plea. This will result in a trial date being set, where you can present your case to the judge. If the judge agrees with you, the ticket may be withdrawn. However, if the judge does not agree, you will be required to pay the full fine.

It is important to note that there are no insurance implications or demerits associated with camera tickets in Alberta. Additionally, prosecutors in Alberta no longer offer fine reductions on camera tickets. Therefore, it may not be beneficial to retain legal counsel for a regular camera ticket.

When deciding whether to submit a not guilty plea, consider the time and resources required to fight the ticket. While you may be successful in getting the ticket withdrawn, it is also possible that you will end up paying the full fine. Additionally, the process of fighting a ticket can be time-consuming and may require multiple court appearances.

If you choose to submit a not guilty plea, be prepared to present a strong case to the judge. This may include providing evidence, such as documentation, picture or video evidence, or proof of valid insurance and/or vehicle registration. Remember that the burden of proof is on you to demonstrate that you were wrongly charged.

Request disclosure

If you want to fight a camera speeding ticket in Alberta, you can start by requesting disclosure. This means that you will be given access to the officer's notes from the scene, as well as any radar or laser calibration records that were used to determine your speed. You can also ask for a copy of any witness statements that may have been recorded. To receive this information, contact the court where your case will be heard.

It is important to request disclosure as soon as possible after filing for a court date. Procrastinating can give the court some leverage, and you will want to give yourself time to review the evidence against you and build your case. When you request the disclosure, be sure to get the names of the people you speak to so that you can follow up if documents are not sent to you.

The officer's notes may contain inconsistencies or errors that could help you win your case. Pay close attention to details such as where the infraction occurred, what you were charged with, and specifics about your car. Even if the officer's notes are consistent and legible, it is still important to know what evidence there is against you so that you can prepare your defence.

In addition to the officer's notes, be sure to request any calibration records for the radar gun or laser device that was used to measure your speed. Sometimes, the calibration may be off, which could invalidate the case against you. Remember that you have the right to view all the evidence that will be used against you in court, so don't be afraid to ask for everything that may be relevant to your case.

By thoroughly reviewing the disclosed information and looking for any inconsistencies or errors, you can build a strong case to fight your camera speeding ticket in Alberta. Just remember to act quickly and assert your right to view all relevant evidence.

Keep track of your calendar

If you've received a camera speeding ticket in Alberta, it's important to know your rights and understand the potential impact on your driving record and insurance premiums. One crucial step in fighting the ticket is keeping track of your calendar and being mindful of deadlines and court dates. Here are some detailed instructions on how to effectively manage your calendar during this process:

• Mark the court date on your calendar: Once you receive the letter informing you of your court date, make sure to mark it on your calendar. This date will be crucial for the next steps, and your calendar will help you stay organized and ensure you don't miss any important deadlines.
• Understand your rights: According to the Canadian Charter of Rights and Freedoms Section 11 (b), you have the right to a fair and speedy trial. If your court date is scheduled more than a year after the date of your offence, you may be able to argue for the case to be thrown out based on this charter.
• Avoid delays caused by you: While a lengthy delay could potentially work in your favour when arguing for a dismissal, it's important to note that this strategy only applies if the delay is not your fault. If you intentionally postpone the case for your benefit, you won't be able to rely on Section 11 (b) as a defence.
• Consider seeking professional help: Fighting a traffic ticket can be a complex and time-consuming process. Consider contacting a professional service, such as Alberta Ticket Fighter, to assist you in navigating the legal system and representing you in court. These services can help take the burden off your shoulders and improve your chances of a favourable outcome.
• Be mindful of deadlines for disclosure requests: After receiving your court date letter, promptly file for disclosure to gain access to the officer's notes and any other relevant evidence. Procrastinating on this step may put you at a disadvantage, as the prosecution could use it against you. Mark the deadlines for disclosure requests and related paperwork on your calendar to ensure you don't miss any important dates.
• Keep track of communication: When requesting disclosure or communicating with the court, make sure to get the names of the people you speak to. This will help you hold them accountable if documents or information are not sent to you as promised. Additionally, keep a record of all emails, phone calls, and other correspondence related to your case.

Avoid a plea deal

When fighting a speeding ticket in Alberta, it is important to avoid taking a plea deal. While the judge may offer you 50% off your ticket if you plead guilty, this will still affect your insurance rates since you will be admitting guilt and accepting demerit points. It is better to stand your ground and fight the ticket.

If you receive a red light traffic camera ticket, it is best to just pay the fine. These infractions cannot be held against you by your insurance provider since no one can prove it was you driving. Fighting this type of ticket is more difficult and not worth the cost.

If you decide to fight your speeding ticket in court, there are a few steps you can take to increase your chances of success:

• Show up in court: There is a chance the police officer who issued the ticket will not be able to make it, resulting in an automatic win for you.
• Request disclosure: Do this as soon as you receive your court date. This will require the officer's notes to be presented to you before the hearing. Inconsistent or illegible notes can work in your favour.
• Keep track of your calendar: You have the right to a fair and speedy trial. If your court date is over a year from the date of the offence, you may be able to get the case thrown out.
• Only go to court if you have a chance of winning: If your court date is prompt and the officer's note-taking skills are impeccable, you may want to pay the fine or hire a lawyer if the charge is more serious.

By following these steps and avoiding a plea deal, you can effectively fight a speeding ticket in Alberta and protect your driving record and insurance rates.

Prepare your defence

If you feel you were wrongly charged, submit a not guilty plea and you’ll be given a trial date to present your case to a judge. If they agree with you, you may get the ticket withdrawn, but you’ll pay the full fine if they don't.

If you have a mandatory court appearance for a photo radar ticket (for more than 50 km/h over the speed limit), it's worth fighting. However, for regular photo radar tickets, there is no benefit in retaining a lawyer as there are no insurance implications or demerits associated with these tickets.

If your ticket was given to you directly by a police officer, this is a different story.

If you have the time to go to court, it's usually worth it to fight a traffic ticket. The judge will often reduce your fine and demerit points significantly, or even throw out the case.

If you can't get the case thrown out, you can still plead guilty with an explanation. This means you admit to being guilty but provide mitigating circumstances that may impact the outcome of the penalty handed to you. This will not guarantee that the case will be thrown out, but you might walk away without paying a fine or facing a potential insurance hike.

If you have third-party witnesses or dash cam footage, this can help your case. Otherwise, it's your word against the officer's, and they are more likely to be believed.

If you have a smart phone, computer or regular phone, you can fight your traffic ticket in just a few minutes.

Frequently asked questions