Jeff McLenaghan made his first court appearance in Okotoks, Alta., on Monday, after he was fined for flashing his high beams at a sheriff’s car in November. The crown offered to reduce McLenaghan’s ticket, but instead he pleaded not guilty and was given a trial date.
“He (the Crown) offered me a reduction in the cost or the price of the ticket from $155 to $115 and I didn’t think that was much of a reduction,” McLenaghan said. “I think I have a case, just on principle alone if that. I think this is something that could have been handled differently right from the get-go.”
McLenaghan said on the night of Monday, Nov. 6, he was driving on Centre Street in High River when he said he saw a car coming toward him with very bright headlights and thought the driver had their high beams turned on. He said he flashed his lights at the oncoming car as a courtesy to the other driver.
READ MORE: Alberta driver fined after flashing high beams at sheriff’s car
As it turned out, it was a sheriff driving the car. The sheriff pulled him over and wrote him a ticket for failing to use low-beam headlights when an oncoming vehicle is within 300 metres.
The fine was issued under section 56(2)(a) of the Use of Highway and Rules of Road Regulation. Failing to use low beams when following a vehicle within 150 metres is also a punishable violation.
“I even asked for just a warning, ‘Can you just give me a heads up and I won’t do it again,’ scouts honour type of thing,” McLenaghan said. “And I’ve been really leery about doing that since then. I am no longer a high-beamer anymore I guess you could say.”
Stewart Dixon, a traffic ticket defense agent for We Defend Tickets, said it should have never come to this, saying this case alone will cost tax payers hundreds, if not thousands of dollars.
READ MORE: Alberta driver gets speeding ticket for going 1 km/h over limit
“At the trial, a commissioner has to be paid, a Crown prosecutor has to be paid to prosecute the charge, court time, clerk time, that is all taxed payer money for a $155 fine,” Dixon said.
“I think it was a waste of time, that we have court houses that are being littered with these types of court cases,” McLenaghan said.
Once McLenaghan gets his day in court, the Alberta Justice and Solicitor General said in a statement to Global News “the same standard of proof that applies in criminal cases applies in traffic cases — the prosecution must prove the offence beyond a reasonable doubt.”
“I gave my story to the Crown as well and then he read a statement that was left by the officer, which I even disagreed with as to the actual events that took place,” McLenaghan said. “So on that, now I’m even more determined to get it straight, what actually did take place.”
McLenaghan plans to show the judge his dash cam video as evidence to prove his case when he goes to trial in April.
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