 Custom Search  How Many Photo Tickets Will It Take Before You Fight Back? GPS is 100% Legal and Pays For Itself. Click Here To Learn More. Winnipeg: Traffic Court Justice Tosses Photo Radar Tickets In Construction ZonesFeb. 08/09The Winnipeg Sun reported today that Photo radar tickets for nine Winnipeg motorists have been dismissed after a precedent-setting case has ruled it unlawful to use photo enforcement in construction zones when workers are not present.
Sundstrom dismissed Nine charges in provincial court against motorists who were ticketed for speeding in construction zones where there were no workers present. The tickets were generated at a variety of Locations including southbound at Lagimodiere Boulevard and Knowles Avenue.
From our understanding, it's the Crown's intention of appealing this on May 5th. Traffic Ticket Guru has not been able to confirm this though. We had learned of the impending decision from Sundstrom back on January 27 when a colleague attended traffic court to contest his matter. (Which was also stayed, for different reasons.) We are working on obtaining a copy of Sundstrom's decision and will post it as soon as it is available. Construction Zones were Never Unsafe To Begin With! Trafficticketguru.com is poised to release a special report on Photo Enforcement and why it is a Flawed system that targets the wrong people. While making this report the only place we have received resistance in obtaining information has been with the City of Winnipeg and The Winnipeg Police Service. While researching construction zones it was found that collisions in these zones made up less then 1% of collisions recorded. In contacting Barry Warrack (Ph. D. Senior Consultant, Corporate Planning and Evaluation Evaluation, Statistics and Planning (E.S.P.) Unit) from the Workers Compensation Board of Manitoba, I learned from him, the statistics on injuries from motor vehicle collisions in Construction Zones for the Whole of Manitoba, not Just Winnipeg. Are You ready for the Staggering data that would justify setting up in these zones? Here they are;
2001: 2 2003: 1 2004: 2 2005: 2 2006: 1 He didn't have data yet for 2007 and 2008, however I think you will agree that there wasn't any sharp spike in injuries. Also of note, the high majority of collisions occurring in construction zones in Canada, involve vehicles belonging to the Construction companies or their employees! We have made our points before that if you want to make a construction zone safe, arrange the barricades to force vehicles to slow down and erect temporary speed bumps to maintain the speed through the zone. These measures would keep the speed down both day and night! Although we applaud Sundstrom for his stance and decision, he is the only justice in Manitoba doing it. Sadly though many people are still convicted in cases where workers were present, although they were working no where near the roadway where vehicles are traveling. Click here for an example where a woman was convicted even though it was raining and no one was working however the Crown pointed out a piece of equipment well away from the roadway with it's headlights on which constituted a worker present. We all know photo enforcement has nothing to do with safety and everything to do with Revenue. Slow Down, Drive Safe and Keep Your Money in Your Pocket! Larry Stefanuik View or Download a Copy Of The Sundstrom Decision Here. View the Manitoba Highway Traffic Act dealing with Image Capturing Enforcement.
2 Comments Sat Feb 14 10:44 Subject: Photo Radar in Construction Zone on weekend with no workers present. In Summary: I recently received a photo radar $270 ticket for driving 80kph in a 60kph construction zone. My initial reaction was to contest the ticket and that's what my intentions were when I went to present my case in front of the Magistrate. While standing in line for approximately 1 hour and 45 minutes, and in casual conversation with others in line, I was swayed into pleading "guilty with an explanation". I was told by others in line that no one has ever contested this kind of a ticket and won their case. Also I was told that if I plead guilty with an explanation (which to me was a farce) I would at least get a reduced fine. So I did, and the fine was reduced from $270 to $200. In Detail: On a Saturday morning I was driving East on Bishop Grandin approaching the intersection of Bishop Grandin and Lagimodeire Blvd. (Hwy. # 59). I turned North (left) on to Lagimodeire Blvd. (Hwy. # 59). There were no signs up at that time to reduce speed limit nor were there any workers on-site. I simply kept within the normal posted speed limit (80kph). In presenting my case to the Magistrate I found him to be borderline snotty, but without a doubt, condescending. Please advise of any actions I can take to participate in putting into the foreground the city's activities which in my opinion, as well as many other Winnipeg residents, to be a greedy unsubstantiated "Money Grab". Thanks ... Steve Hang on Steve....We have a few things planned. First and Foremost to Everyone. If you want to start the process of Ridding the City of Photo Enforcement, the key is to slow down and cause others to slow down as well. After all that is the Goal Right? Safety..........I give the system 6 months before it bankrupts itself. Then we will see if the City celebrates the programs success. :-) _____________________________________________________________ March 11/09 David; To whom it may concern. I was the fellow that provided Tom Brodbeck with the 13 page document from Sundstom. My wife got the ticket and I went to court to represent her on the ticket. Her name appears as one of the nine. Jodi Koffman may have been the first to take the issue to court but it does not help if it is not made public. I take a lot of pride of the "shitstorm" it has created. The Guru- So are we David and Kudos to you and your wife for standing up and saying enough of this scam. More people need to stand up and be counted too. We have been the only source willing to post the decision and share the information with the people. There were numerous people that knew the decision was coming, that's why we find it incredible that City Hall Knew Nothing About It!
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