Question on Video evidence

saftyfirst
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Question on Video evidence

by: saftyfirst on
Wed Feb 11, 2015 5:09 pm

Hi

I was caught 4 months back for 182(2) for making left on a 7-9am intersection. My car showed 9:02 at the time I turned but still been ticketed by the police.

I decide to fight it and the court date is this Friday. My first Request for disclosure was received with hand writing note of the officer and copy of ticket. The hand writing was so nasty I then requested for 2nd disclosure with "typed note" and "Video evidence". However The 2nd request is not received as of today.

here I have couple questions regard to my case

1. Will my case be adjourned if I do not receive 2nd req before court date ? (I believe I do but just to make sure)
2. Is there a chance of case withdraw if the "Video Evidence" could not be provided (in condition of officer note provided)


Advice please ! =)


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highwaystar
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by: highwaystar on
Wed Feb 11, 2015 7:43 pm

You likely WILL get an adjournment, but may not get the typed notes or video evidence (especially if it doesn't exist). Instead, the prosecutor will likely get you and the officer to go over the notes at the courthouse so that you can understand them. As for the video evidence, if they say one exists, then they will generally permit you to attend their office to view it. Even if they don't plan on using the video against you, if video DOES exist, I suggest you still go view it so as to see if it can provide YOU with any defence. As for a withdrawal on the disclosure basis, that is quite unlikely---they'll just agree to adjourn.




saftyfirst
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by: saftyfirst on
Fri Feb 13, 2015 10:20 am

Thanks for advice. I am looking for a case withdraw for lack of evidence if they can't provide video evidence. The cop was about 100 meters away from the intersection and hiding in an aptmt parking. I want to argue that he didn't see me clear as theres another car in front of me pulled over first. No one tells me if there's video evidence its just a check box on disclosure


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Decatur
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by: Decatur on
Fri Feb 13, 2015 10:35 am

You won't get the charge withdrawn if there is no video evidence. The officers testimony will be used and then you will have an opportunity to testify if you wish. The JP will make the decision based on who was the more credible witness.




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by: Memo1 on
Fri Apr 10, 2015 5:39 pm

saftyfirst wrote:I just got out from my 2nd court appointment and would like to share the result.
Because officer could not provide video evidence, my case is withdraw. Free to go yay !
Congratulations! Could you please share your disclosure request (w/o personal details)? Thanks.


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