How do they know who was driving the vehicle?
Thanks for this thread, and the forum in general, good stuff.
Here's a question for the legally minded: How do "they" know who was driving the vehicle? I recently received a picture of my truck going 65 in a 50. Too fast for sure! The thing is, I don't drive that fast in that place, too many people around (I do drive fast in other places). I suspect it was my wife driving, but I can't prove it was her. It's certainly not clear who was driving in the photo as all you can see is the back of my truck.
So, if I don't know who was driving then how can anyone else? And without proof of who was driving then how can the government ask that person to pay a fine? Our charter of rights and freedoms in section 11 says that we have the right, "to be presumed innocent until proven guilty according to law in a fair and public hearing by an independent and impartial tribunal."
How is a photo radar ticket proof of anything except that my truck drove by a photo radar location? It certainly doesn't prove that I or my wife was driving it...
Thoughts? The above is the defense I plan to use in court, so I'd appreciate it if anyone had an opinion on it.
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