I am currently in the process of building my case for a speeding ticket with a radar gun in which the officer has dashcam footage - I received it as part of the disclosure.
#1 - At what point during trial will the prosecution bring up the dashcam footage and use it against me?
#2 - If they don't bring it up, I would like to use it as it plays to in my favor. When can I bring up the dashcam footage appropriately?
I believe, but am not positive, that it will need to be admitted to court and the crown will need to be given a chance to review the video as its disclosure. The crown will certainly have the opportunity to question the video.
Curious, what do you hope to gain by dashcam video for a speeding ticket ?
The prosecution will call the officer to the stand to testify. After he is done testifying, the prosecution will introduce the video evidence similar to the process for allowing the officer to use his notes. The prosecutor will ask if they took the video, explain what is happening in the video, etc.
In cross-examination, you can refer to the video evidence if the prosecution has brought it up. Otherwise, you can bring it up once the prosecution has closed its case; once it is your turn to make a defence, you will say that you would like to use the video evidence provided in disclosure as part of your defence. Under section 34.1(7)(b) of the Evidence Act, R.S.O. 1990, c. E.23, there is a presumption of integrity if it was recorded/stored by a party adverse in interest to the person introducing it. In other words, you will not need to prove its integrity or authenticity.
One of the purposes for disclosure is to make available all evidence against you, even if that evidence is exculpatory (favourable) for you. So, by all means, you are allowed to use the evidence provided to you in disclosure.
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