Quebec Crown won't appeal rejection of photo radar evidence

Quebec's use of photo radarto ticket drivers has hit a snag in the road.

The Director of Criminal and Penal Prosecutions (DPCP) has decided not to appeal a Quebec court decision that callsinto question the validity of exclusively using photoradar evidenceto issue traffic tickets.

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Last month, a lawyer representing a woman challenging a $1,160 photo radar ticketsuccessfully argued that relying on a fixed photo radar image alone is not enough to justify a ticket.

Justice of the peace Serge Cimonordered the ticket thrown out and concluded that photo radar evidence alone was "hearsay" because no officer directly witnessed the traffic violation.

The DPCPnow also finds such evidence "inadmissible" in these cases.

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Since Cimon's decision onNov. 30, hundreds of photo radar cases have been put on hold.

The DPCP will have to study the pending and any forthcoming fileson a case-by-case basis.

"In each case, we must ensure that the evidence we have is valid," said spokesman Ren Verret.

Quebec Transport Minister Laurent Lessard said lastmonth that photo radars were "here to stay."

The province began installing permanent photo radars and red light camera technology in 2012.

There are currently 151 photo radars installed throughout Quebec, not including school and construction areas.

Plans to expand the program were announced in 2015.

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