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10-24-2008, 12:24 PM
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Join Date: May 2007
Location: Calgary
Posts: 7,510
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Contesting a Photo Radar Ticket
Has anyone tried to fight a photo radar ticket in traffic court? A few weeks ago I was driving home on Memorial Drive here in Calgary and just as a car was passing me, the tell tale flash of the photo radar van went off. I'm sure that I wasn't speeding, and surely not doing the 63 km/ hour (this is a 50 km zone) that the ticket indicates. The camera only flashed once.
I called the traffic enforcement office and asked if they would be able to provide the picture a few seconds before or after they took the picture that they took of my truck. The officer informed me that the privacy laws in Alberta wouldn't allow for that, which is understandable. She also informed me that any photo that has two vehicles in it is automatically tossed out. My truck is the only vehicle in the picture sent to me.
I'm sure that I was not speeding, and I also am sure that I would have seen a second flash of the camera if the car that was passing me had also got tagged.
I'm tempted to go to my court date and fight this, but I have no evidence to fight the photo that the police have of my truck. Think I should fight this, or just suck up and pay the $85? I've always viewed photo radar as a cash cow rather than traffic enforcement / safety, and it ticks me off that I seem to have received a ticket for someone else's speeding. I have no idea of how the cameras work, so I don't know how they are "aimed" and how the photo is taken. Is it possible that I am getting screwed here? And is it worth fighting? I don't want to waist a day in court if I don't stand a chance.
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10-24-2008, 12:44 PM
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Join Date: Jun 2008
Posts: 10,188
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If you're polite, clearly present your case, at a minimum you'll get it reduced.
That being said, what's your hourly cost? Is it worth time loss for you?
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10-24-2008, 12:55 PM
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Join Date: May 2007
Location: Calgary
Posts: 7,510
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Quote:
Originally Posted by Albertadiver
If you're polite, clearly present your case, at a minimum you'll get it reduced.
That being said, what's your hourly cost? Is it worth time loss for you?
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Thanks for the reply. I'm self employed, so if I'm not working, I'm not making money. It's not really a consideration for me I guess as the work that I could be doing while in court can be done at another time. It's more of the principle I guess, but I don't want to waste my time or the court's time if I don't have a case to plead.
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10-24-2008, 01:02 PM
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Join Date: Oct 2007
Location: Lethbridge
Posts: 350
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From an insurance stand point, photo radar does NOT count against you, so you won't be double dinged there.
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Hunterbyheart
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10-24-2008, 01:05 PM
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Join Date: Jun 2008
Posts: 10,188
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BTW I drive that same route everyday after work. I never speed on memorial and haven't had a problem yet.
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10-24-2008, 01:15 PM
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Join Date: May 2007
Location: Calgary
Posts: 689
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ticket
If your truck is the only vehicle in the picture....sorry to say, but you were speeding. You can plead "not guilty' and take your chances in court, but the multinova operator will be there with the same photos you were sent and testify that at the exact moment the picture was taken, you were the lead vehicle, and thus the vehicle in the frame when the picture was taken.
Odds are you will likely not be aquited. That being said, I encourage all those who feel they are innocent to go to court and have their say.
Good luck
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10-11-2011, 07:43 PM
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Join Date: Jan 2008
Location: Calgary Perchdance
Posts: 18,883
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Quote:
Originally Posted by hunterbyheart
From an insurance stand point, photo radar does NOT count against you, so you won't be double dinged there.
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I wondered about that. If you don't self declare your vehicle had a ticket...can they void your insurance if you needed it?
I thought the insurance agent asks...have you had any speeding tickets. Do you say yes...or no? Interesting. Any agents on AOF?
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10-24-2008, 04:10 PM
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Join Date: Mar 2008
Location: Fort Saskatchewan Ab
Posts: 8,926
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Quote:
Originally Posted by Albertadiver
If you're polite, clearly present your case, at a minimum you'll get it reduced.
That being said, what's your hourly cost? Is it worth time loss for you?
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Well Ill kindly reply to this .... If he feels he is not in the wrong , its worth the loss in pay , why let them win , Since ft saskatchewan has gotten that stupid radar camera thingy . Anyway If I were him and that can garuntee that doesnt speed , might be something in doing . But then agian theres a right way and a wrong way of going about things .
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10-24-2008, 05:53 PM
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Join Date: May 2007
Location: Central Alberta
Posts: 21,399
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I love fighting tickets. Granted it's time away from work, but it can be entertaining, even if you don't win all the time. If you go to court, they'll have to provide the person, who issued you the ticket and you can ask him all kinds of embarrasing questions. You don't have to prove your innocence, just raise "reasonable doubt" and that can be really easy sometimes. And don't make the mistake of admitting there's a possibility you were speeding.
I'm going to court in Feb. to fight two tickets issued to me by one of our new Sherriffs. The tickets were issued in July and I had them set two different trial dates. Worst can happen is that I still have to pay the tickets, nothing major, but I've had 6 month's grace and the buggar that wrote me the tickets, will have to spend two days in court. As it is, I feell I have a good chance of beating both.
Grizz
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"Indeed, no human being has yet lived under conditions which, considering the prevailing climates of the past, can be regarded as normal."
John E. Pfeiffer The Emergence of Man
written in 1969
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10-24-2008, 06:02 PM
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Join Date: May 2008
Location: third tree from the left second one over
Posts: 1,404
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a few years ago my buddy had one thrown out because the operator didn't have his photo radar sign out for warning people. don't know if there still have to put them out or not
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you have the right to remain silent, anything you say will be misquoted and used against you.
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02-11-2009, 08:22 AM
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Join Date: Jan 2009
Location: Edmonton
Posts: 483
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Quote:
Originally Posted by Grizzly Adams
...but I've had 6 month's grace and the buggar that wrote me the tickets, will have to spend two days in court. As it is, I feell I have a good chance of beating both.
Grizz
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to bad they get paid for it and we dont even if we win. that should be the next step suing the crown for lost time!
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02-11-2009, 08:25 AM
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Join Date: Jan 2009
Location: Edmonton
Posts: 483
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Kind of off topic, but didnt Edmonton pass a idling ban? why is it that the photo radar van is sitting on the side of the road running? or are they above the law?
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09-19-2012, 07:16 AM
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Join Date: Sep 2012
Posts: 3
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Quote:
Originally Posted by Grizzly Adams
I love fighting tickets. Granted it's time away from work, but it can be entertaining, even if you don't win all the time. If you go to court, they'll have to provide the person, who issued you the ticket and you can ask him all kinds of embarrasing questions. You don't have to prove your innocence, just raise "reasonable doubt" and that can be really easy sometimes. And don't make the mistake of admitting there's a possibility you were speeding.
I'm going to court in Feb. to fight two tickets issued to me by one of our new Sherriffs. The tickets were issued in July and I had them set two different trial dates. Worst can happen is that I still have to pay the tickets, nothing major, but I've had 6 month's grace and the buggar that wrote me the tickets, will have to spend two days in court. As it is, I feell I have a good chance of beating both.
Grizz
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Good idea! At least not let them get the money so easily. At least hear some noise when the money is thrown out to them... Wondering how your court experience turned out.
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09-19-2012, 07:35 AM
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Join Date: Jan 2008
Posts: 4,331
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funny
My favorite story was the guy who had a speeding ticket mailed to him with a clear picture of the plate and the appropriate fine for the offense. He took the exact amt. of cash to a photocopier and mailed the picture to the address.A couple weeks later he received a letter back enclosed was a photocopy of a set of handcuffs! I thought that was a hoot.Harold
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10-24-2008, 02:14 PM
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Quote:
My truck is the only vehicle in the picture sent to me.
I'm sure that I was not speeding,
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Just pay the ticket it will be much cheaper in the long run.
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10-24-2008, 06:09 PM
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Join Date: Nov 2007
Location: Red Deer, Alberta
Posts: 2,065
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Quote:
Originally Posted by Scott N
She also informed me that any photo that has two vehicles in it is automatically tossed out. My truck is the only vehicle in the picture sent to me.
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Lies....I got 2 this past summer and one picture had 2 vehicles...one in each lane.
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10-25-2008, 12:59 AM
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Join Date: Jun 2007
Location: Fort Saskatchewan
Posts: 362
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Quote:
Originally Posted by james_m
Lies....I got 2 this past summer and one picture had 2 vehicles...one in each lane.
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It depends on the type of radar used. If it is photo radar, conventional radar is used, and is less accurate and is usually thrown out if there is another vehicle in the picture. Laser radar is becoming more common as it is more accurate. The speed is measured by an operator pointing a laser gun at your vehicle and the laser beam measures your speed rather than radar. If it is laser the only aguement is usually vehicle identification. If it is radar there could many arguements besides a vehicle. The two best ones I've heard were a train and a bird in the picture. If you show up in court make sure you ask the crown ahead of time for full disclosure. They'll provide you with all the evidence they can use against you. I've been to court 5 times, 3 were thrown out, 2 were reduced to $80. Here's a helpful site, I know it's BC but most of it applies. Good luck.
http://www.sense.bc.ca/fighting.htm
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10-11-2011, 07:59 PM
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Join Date: Dec 2010
Location: Southern Alberta
Posts: 635
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Quote:
Originally Posted by james_m
Lies....I got 2 this past summer and one picture had 2 vehicles...one in each lane.
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X2 Got one on Beddington in Calgary. The other car was actually closer to the camera. Can't afford to lose $45 per hour to fight it! Bah
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10-11-2011, 08:04 PM
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Banned
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Join Date: Aug 2011
Location: Calgary
Posts: 754
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OH YEA, If you guys don't have a radar detector, Turn your Radio to 660 AM and every 10 mins on the 1s they tell you where they are sitting... Really help full!!!!
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10-25-2008, 01:27 AM
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Join Date: Sep 2007
Location: RMH
Posts: 662
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I had a rather unusal situation this past summer i recieved one and was the only one in the photo however it was in a company truck and lo and behold we are all gps monitored. to make a lng story short they had a lot of explaining to do when the gps logs were presented in court and i was 7 km under, needless to say it was tossed.
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10-25-2008, 05:21 AM
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If they sent a picture of your trucking speeding, why not send them a picture of you in the act of writing a cheque?
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10-25-2008, 06:12 AM
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Join Date: May 2007
Location: Calgary
Posts: 7,510
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Quote:
Originally Posted by gitrdun
If they sent a picture of your trucking speeding, why not send them a picture of you in the act of writing a cheque?
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I remember when photo radar was first used in Alberta and reading about some guy who took a picture of the money to pay his fine and sent the photo in with his ticket. IIRC, he was charged with contempt of court! Too funny....
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10-25-2008, 06:44 AM
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Join Date: Aug 2007
Location: Lethbridge
Posts: 1,309
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I have some experiance in this area.
I would suggest that you go down to the Calgary courthouse 2nd floor on or before the date on your ticket. You will be given the opportunity to speak with a traffic comissoner. Explain your case as you see it and that you would be willing to enter a guilty plea in return for a reasonable reduction.
The court date on your ticket is only a 1st apperance. This means that you are given the opportunity to plead guilty or not guilty and set a trial date from there. If you are planning to go to trial, fill out the back of the ticket to plead not guilty by mail. You will recieve a letter some weeks later with a trial date. Send this in and it will at least save you one day in downtown calgary.
__________________
"I find it amazing that we, as a society, find it so easy to view the perpetrators of crime with an understanding and knowing that they are suffering from the frailties of being a human being yet we cannot seem to extend that same courtesy to the very people we ask to face, on a daily basis, the worst that mankind has to offer."
-Dave (Whiskey Wish)-
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10-25-2008, 06:53 AM
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Join Date: May 2007
Location: Calgary
Posts: 11,576
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Scott, was the trap setup just west of 14st in front of the CBC building? If so, then you are free and clear even if you were doing 100kmph. They always park their vans their, but on the OPPOSITE side of the street. This means that they are parked illegally. Peace officers are forbidden to break the law while enforcing it. Being illegally parked constitutes breaking the law, thus your ticket is moot. Go to court, you will win if that is the case.
Tree
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12-24-2008, 01:44 PM
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Join Date: May 2007
Location: WMU 214
Posts: 1,817
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Multinova
Quote:
Originally Posted by gitrdun
If they sent a picture of your trucking speeding, why not send them a picture of you in the act of writing a cheque?
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and they will send you a picture of hand cuffs.
I contested two multi cash grab tickets and beat both of them. The camera operator makes more money in his van then in court. he wont show up to fight one ticket.
Puma
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10-11-2011, 05:33 PM
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Join Date: Oct 2011
Location: south of red deer
Posts: 12
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photo ticket
hi someone in calgay help me please i got 2 photo tickets a week apart and they both have the same address on them. can someone tell me where 10800 16 ave nw. when i do a google serch it shows me down 16 ave. but the problem is i was driving down stoney trail no where near that address. 2 one week apart. one for 102 klms in a 80. the other 97 in a 80. they have a picture of my bus but not at the rite address. also anyone know of a photo lawyer. thanks
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10-11-2011, 07:35 PM
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Join Date: Dec 2010
Location: Look behind you :)
Posts: 27,780
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Quote:
Originally Posted by peonu2
hi someone in calgay help me please i got 2 photo tickets a week apart and they both have the same address on them. can someone tell me where 10800 16 ave nw. when i do a google serch it shows me down 16 ave. but the problem is i was driving down stoney trail no where near that address. 2 one week apart. one for 102 klms in a 80. the other 97 in a 80. they have a picture of my bus but not at the rite address. also anyone know of a photo lawyer. thanks
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So you were speeding and you want to try and get off on a technicality?
LC
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10-12-2011, 03:36 PM
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Join Date: Apr 2008
Location: In The Zone.......
Posts: 1,686
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Quote:
Originally Posted by Lefty-Canuck
So you were speeding and you want to try and get off on a technicality?
LC
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I had a four demerit ticket that the officer couldn't provide the pre and post calibration report for his radar gun when I asked if I could view it in court. He also didn't have any notes on where he was set up. There fore I smiled, he glared and I got off on a technicality.
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10-12-2011, 04:49 PM
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Join Date: Dec 2010
Location: Look behind you :)
Posts: 27,780
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Quote:
Originally Posted by natural.born.fawn.killer
I had a four demerit ticket that the officer couldn't provide the pre and post calibration report for his radar gun when I asked if I could view it in court. He also didn't have any notes on where he was set up. There fore I smiled, he glared and I got off on a technicality.
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That's good! I have taken tickets to court too and won, not speeding tickets but some goofball signage ticket.
You were flying if your speeding ticket was 4 demerits....very lucky! I just find it funny how everyone wants to fight tickets when they are speeding....
LC
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06-01-2012, 02:47 PM
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Join Date: Jun 2012
Posts: 1
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Quote:
Originally Posted by peonu2
hi someone in calgay help me please i got 2 photo tickets a week apart and they both have the same address on them. can someone tell me where 10800 16 ave nw. when i do a google serch it shows me down 16 ave. but the problem is i was driving down stoney trail no where near that address. 2 one week apart. one for 102 klms in a 80. the other 97 in a 80. they have a picture of my bus but not at the rite address. also anyone know of a photo lawyer. thanks
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Hi, did you get any success for the 2 speeding tickets at 10800 16 AVE NW Calgary?
I got the samilar ticket from the same location. I got the location map from Google Map. I didn't go through that location at all.
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