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Winnipeg: Crown Backs Down From Appealing Construction Zone Tickets

Don Slough, Manitoba’s deputy attorney general, said Monday the decision to drop the appeal wasn’t made on the merits of the case, but the fact police weren’t ticketing speeders according to the letter of the law.

Crown officials who were assigned to review the case following the lower court’s decision realized that proper signs warning motorists of construction zones had not been set up correctly or at all.

The Manitoba Highway Traffic Act states a sign must be set up at start of construction zone and at the end. In most cases the signs were only posted at the beginning of the Zones and not at the end. Other times they had not been posted at all.

As a result the Crown has dropped 857 ticket cases still pending the court process. Ticket holders are being notified by mail.

Slough also said as of April 11 police and the city are using the correct signs when using photo radar.

Photo radar in Construction zones made headlines back in February when third-year University of Manitoba law student Jodi Koffman and eight others successfully argued it was the intention of lawmakers to only enforce reduced speeds in construction zones when workers are present and not otherwise.

Judicial Justice Norm Sundstrom agreed and in a written decision said in all of the cases before him the motorists were proven to have exceeded the temporary posted speed of 60 kilometres per hour -- not the actual 80 km/h speed limit -- in worker-free construction zones.

The Crown appealed Sundstrom’s decision.

Attorney General Dave Chomiak spoke out on the subject stating that limiting the photo-radar operators’ ability to ticket speeders in construction zones to times when workers are present makes the most sense.

"To me that conveys a better image to the public than the latter, So I think it makes a lot of sense to the public that, if there are visible signs of work in construction and safety, then they ought to adhere to slower guidelines. But, if it’s a weekend, on a long weekend, in the summertime, and it’s 2 a.m. in the morning, I think it’s a pretty good indication that they can use their discretion and not necessarily slow down."

Winnipeg police Chief Keith McCaskill has also said there should be no photo radar at construction sites where workers are not present unless there are restrictions to the roadway that would make it unsafe.

McCaskill has also said though photo radar improves public safety and discourages drivers from speeding. He continues to cling to using Photo Enforcement as a way of replacing Traffic Officers on the street. A practice that is hurting public safety more then it is helping. At the end of the day the only benefactor from the program is still ACS.

In fact McCaskill and the WPS are currently looking at how use of the cameras can be expanded and no doubt will lobby to have the Highway Traffic Act Amended in regardds to Construction zones.

This practice will only hurt the WPS as they continue their relationship with ACS, a company whose stratedgies and underhanded dealings in other jurisdictions have made them a company to be suspicious of. One would think that after this decision by the Crown that the City and WPS should re-examine their relationship and the Photo Enforcement Program.

The Guru offers this advise to them, "Those that lie down with Dogs, should expect to get Fleas."

The Crown has also advised that those motorists who paid their tickets for offences in Constructions Zones when no workers were present Will Not Be Recieving Refunds! I am sure that people will be screaming about this and so they should be. Demand your Refund!

I also remind everyone that this is a classic example of why you should be pleading Not Guilty to Any Photo Ticket, read this posting again if you haven't already.

Slow Down, Drive Safe and Keep Your Money In Your Pocket!

Larry Stefanuik
Trafficticketguru.com

Tue May 05 2009, 2:51pm

Michelle

I am from Brandon Mb, and just was made aware of this bull crap today about the speeding tickets being excused already by those who have not paid, but those who have suffer and do not get their money back. Chomiak stated that those who paid are assumed guilty. That is such an ignorant comment! I paid because I live 2 hours away from Winnipeg. To fight the ticket and take a day off work would cost me just as much as the ticket! That is the only reason I paid!!! I was shocked to find I even got a ticket. Us who did pay are law abiding citizens and we get penalized for that? I was going the speed limit but not according to the construction zone.

Someone please tell me where we can fight this! I am not giving up!

The Guru: Start by emailing your MLA and The Mayor and Councilors and the Police Chief. Just Click on the above text links. (The underlined words above, for those who don't know what a text link is.)

Be vocal with them as this decision is extremely unfair!

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May 14 2009, 2:38 pm

Jack;

I think they should not be able to say that anyone exceeding the normal speed limit will not get a refund on the no workers present construction zones. If a person is doing 85 KMH in a construction zone when no workers were present and the original speed limit was 80KMH they should only have to pay a fine for 5KMH over the speed limit.