Wednesday, September 7, 2011

Another court blow for Victoria's traffic cameras

Semi-retired businessman Graham Docker's win in the Ringwood Magistrates' Court comes on top of police officer Faye Pitman this week beating her EastLink speeding fine in the Dandenong court.
Barrister and traffic camera law expert Michael Kuzilny expects the Pitman and Docker wins to prompt thousands more motorists to contest fines in court.
"These two cases come as a breath of fresh air to Victorian drivers because it shows courts, for a change, are starting to listen and if there is reasonable doubt, defendants are starting to win cases," he said.

Ringwood judicial registrar Angela Soldani ruled in favour of Mr Docker, 65, after he defended himself and successfully argued there was no proof the camera that snapped him had been tested for accuracy as the law demanded.
"This creates sufficient doubt as to the reliability of the images taken and I therefore dismiss the charge," Ms Soldani said in court on July 15.
Prosecutors in speed and red light camera cases produce the photograph taken by the traffic camera, as well as a certificate to say the camera has been tested.
The serial number of the camera appears on the certificate but doesn't appear on the actual photograph.
Mr Docker argued this meant there was no proof the camera that took the photo of his vehicle as it turned right from Stud Rd into Ferntree Gully Rd, in Scoresby, was the same camera certified as accurate.
"You can't say that that camera is the camera that is referred to in the certification document," he said.

http://www.heraldsun.com.au/news/more-news/another-court-blow-for-victorias-traffic-cameras/story-fn7x8me2-1226130929747

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