If court date looms, ask for delay, adviser says

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This article was published 20/05/2016 (3459 days ago), so information in it may no longer be current.

A local traffic-ticket fighter says people with tickets from photo radar and court dates in the next month should ask for their matters to be put over in the wake of a judge’s ruling that may have rendered thousands of tickets invalid.

And the woman whose delayed ticket sparked the issue said she’s “very happy” with the court ruling.

Len Eastoe of Traffic Ticket Experts said they are telling their own clients a ruling this week by a provincial court judge — which possibly nullifies thousands of tickets because they have taken far too long to be dealt with in court — won’t come into effect until after the 30-day appeal period ends.

“People have been calling all morning,” Eastoe said Thursday.

“I have hundreds of clients that are beyond the four to six months the judge put in her decision. It’s still happening because if we set a court date down today, we are looking at the end of 2017. And in some of the rural areas, we’re looking at 2018.

“The justice system has to get this caught up. It should never drag on this long… we’re telling people to sit tight for 30 days. If the decision stays, then we’ll have a much stronger precedent.”

But for people who have already pleaded guilty and paid their fines, Eastoe said “You are stuck with it.”

“This is not looking backwards.”

Earlier this week, provincial court Judge Mary Kate Harvie threw out a Winnipeg driver’s photo-radar ticket because it had taken 18 months to get to court.

Court was told a photo-radar camera caught Genevieve Grant speeding Oct. 27, 2014, but it took until April 27, 2016 for the matter to be heard in court.

Harvie said the delay was “unreasonable and represents a violation of (the Canadian) Charter (of Rights and Freedoms).

“It seems reasonable to expect these types of summary proceedings to be completed within four to six months of a plea being entered,” the judge said in the decision released on Wednesday.

Grant was unavailable for comment Wednesday, but Thursday she said “all I can say is I’m thrilled and very happy with the result.”

kevin.rollason@freepress.mb.ca