#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?
Curious, what do you hope to gain by dashcam video for a speeding ticket ?
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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