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Ontario Highway Traffic Act

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Can DashCam video help?
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PostPosted: Fri Oct 11, 2013 9:25 am 
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Before the car started skidding the driver noticed unusual sound(something breaking) from under left side of the car. It is on the audio record too.
The driver got Careless driving ticket, $490. No check-mark on Witnesses field on the ticket.
No any other vehicles involved, nobody injured, the Dodge Caravan is totally crushed, the light pole broken.

Cant this record help to fight the ticket in the Court?



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Re: Can DashCam video help?
PostPosted: Fri Oct 11, 2013 5:03 pm 
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Location: Ontario
So what caused your car to skid out? If it was mechanical failure your car should be examined and you could use the footage to corroborate the mechanics testimony.


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Re: Can DashCam video help?
PostPosted: Fri Oct 11, 2013 5:26 pm 
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ynotp wrote:
So what caused your car to skid out? If it was mechanical failure your car should be examined and you could use the footage to corroborate the mechanics testimony.


I do not now really what caused skidding.
The car sold on scrapyard.


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Re: Can DashCam video help?
PostPosted: Fri Oct 11, 2013 5:49 pm 
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Location: Ontario
I don’t believe the video would be sufficient evidence of a mechanical defect. A certified mechanic would need to inspect the vehicle to make that kind of determination. The noise seems to occur when the vehicle drives over a manhole. When I watch the video I get the impression that the back simply slid out on the wet roads. The bump from the manhole could have assisted in one or more the wheels temporarily losing traction. That being said, the video could still be of benefit. While arguably the driver was going too fast for the conditions, I’m not sure it demonstrates sufficient carelessness for a conviction.


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Re: Can DashCam video help?
PostPosted: Fri Oct 11, 2013 6:03 pm 
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I agree. The car is certainly going too fast for the road conditions (its wet) and the loud Rasputin music doesn't help convey much of a cautious driver either; it actually illustrates the potential for distraction by the driver! In any event, it seems as if skid starts when the left rear wheel goes over the manhole and the driver loses control. There isn't any sound of braking going on or steering correction (which would definitely be heard throughout the skid); but rather, the vehicle only goes from accelerating to a state of constant speed; no deceleration occurs until the curb is actually hit. Unless a mechanic's report can confirm a tire, brake and steering defect, the driver may face a qualified accident re-constructionist who will be able to properly present the evidence. Best option: try to work a deal with the prosecution. The video can go either way.


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Re: Can DashCam video help?
PostPosted: Sat Oct 12, 2013 11:05 am 
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I think it's a good Careless charge. Using that video to defend yourself would only show that your speed was too fast for the conditions at the time. You can see that most of the manhole is inside the turning lane and the vehicle cuts across the corner and into the curve. By hitting the manhole cover the road friction was reduced significantly and you went into a yaw.
I agree with highwaystar. See if the prosecutor will work out a deal and just be thankful that no other vehicles were hit


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Re: Can DashCam video help?
PostPosted: Sat Oct 12, 2013 9:18 pm 
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While I don’t disagree that the driver’s speed was excessive for the conditions, I’m still not certain that’s sufficient for a careless driving conviction. R v. McNeil (2012) and R v. McLean (2011) both deal with drivers going too fast for the conditions, but the defendant is only convicted in the one of the cases. The Courts seem to be looking for an intentional disregard more than poor judgement due to inexperience. I’d at the very least consult with a paralegal to see if they feel the video might be beneficial to the defendant.


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Re: Can DashCam video help?
PostPosted: Tue Oct 15, 2013 9:54 am 
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Thank you, gentlemen


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