I was ticketed for going through a red light last year. A police car was 2 vehicles back on curved portion of an off ramp from a highway; so my vehicle and the light were visible from the police car. I received the police car video today for the second court date next week. I was given the officer's notes at the first court date which was postponed due to his failure to provide me the video. He mentioned the video during the stop. I had to make a repeat request last week by fax for the video as I didn't hear anything since the first court date. Due to the position of the Sun which was directly ahead, the video doesn't show the color of the lights when my car crossed the line. In my mind, I crossed the white line before the light turned red. So it is my word against the officer's word and he was not really in the best position to judge the alleged infraction. I will probably be given a deal to plead guilty for a reduced fine and points prior to the trial. But I am thinking of requesting the video to be played at the trial. Is that a wise course of action? Appreciate all your opinions
I was ticketed for going through a red light last year. A police car was 2 vehicles back on curved portion of an off ramp from a highway; so my vehicle and the light were visible from the police car. I received the police car video today for the second court date next week. I was given the officer's notes at the first court date which was postponed due to his failure to provide me the video. He mentioned the video during the stop. I had to make a repeat request last week by fax for the video as I didn't hear anything since the first court date.
Due to the position of the Sun which was directly ahead, the video doesn't show the color of the lights when my car crossed the line. In my mind, I crossed the white line before the light turned red. So it is my word against the officer's word and he was not really in the best position to judge the alleged infraction.
I will probably be given a deal to plead guilty for a reduced fine and points prior to the trial. But I am thinking of requesting the video to be played at the trial. Is that a wise course of action?
What the camera views is not an exact representation of what the officer saw. Camera's don't react well with direct sunlight. It's why you get things like lens flare. Just because the camera doesn't show anything, doesn't mean you're free and clear.
n125kl wrote:
Due to the position of the Sun which was directly ahead, the video doesn't show the color of the lights when my car crossed the line. In my mind, I crossed the white line before the light turned red. So it is my word against the officer's word and he was not really in the best position to judge the alleged infraction.
What the camera views is not an exact representation of what the officer saw. Camera's don't react well with direct sunlight. It's why you get things like lens flare. Just because the camera doesn't show anything, doesn't mean you're free and clear.
I think if the video is unclear, it also doesn't prove the officer's contention that I caused the offence.. What I want to know is if the video doesn't show the evidence of my offence, will the court take just the officer's word that I ran the light against mine? This is my first ever moving violation and I am not sure whether the burden of proof is on the prosecution.
tdottopcop wrote:
If the video doesn't help prove your case, why would you have any interest in having it played during the trial?
I think if the video is unclear, it also doesn't prove the officer's contention that I caused the offence.. What I want to know is if the video doesn't show the evidence of my offence, will the court take just the officer's word that I ran the light against mine?
This is my first ever moving violation and I am not sure whether the burden of proof is on the prosecution.
Keep in mind that dash cams are still relatively uncommon in Ontario, and Courts have relied for years on just the oral evidence provided by officers. You certainly could be convicted, but as always its dependent on the strength and credibility of the evidence given. The burden of proof that the Crown must meet for Provincial offences is beyond a reasonable doubt. They have to convince the Court you committed the offence.
n125kl wrote:
What I want to know is if the video doesn't show the evidence of my offence, will the court take just the officer's word that I ran the light against mine?
Keep in mind that dash cams are still relatively uncommon in Ontario, and Courts have relied for years on just the oral evidence provided by officers. You certainly could be convicted, but as always its dependent on the strength and credibility of the evidence given. The burden of proof that the Crown must meet for Provincial offences is beyond a reasonable doubt. They have to convince the Court you committed the offence.
i lost my license in an accident i had to due my exceeding amount of demerit points. i went to jail and made bail i was put on a curfew of 9am to 9pm stupidly enough i did not follow and i got pulled over for driving with a different cars license plates, no insurance, and violating my curfew... i…
I was charged for disobey sign (no left turn) in a winter noon time around Bay/Edward (the prosecutor/judge said it to be a Absolute liability offences but disobey sign is actually a strict liability offence, right? And I found this: For example, if you made an illegal left-turn where there were…
so got fined with 69km in a 50km, at bottom of hill...didn't even have foot on the gas. first ticket ever in over 10 years of driving. fine was 62$ and 3 points.
cop says take to court and get demerit points reduced. didn't even let me speak and walks away.
On my way to work today I got a 110 dollar ticket + 2 demerit points.
I was driving north on Bathurst and turned left onto a side street into a residential area before hitting the lights at Eglinton and Bathurst. I normally do this to avoid the big line up to turn left onto Eglinton.
On the 400 extension EB towards Barrie cops like to hide out under an over pass that is Ski Trails Rd. They tag people as the come over the crest of the hill and that is 900m from where this officer was standing.
I'm confused because I knew this, saw the cop, and checked my…
I was making a left hand legal turn on a green light, a driver came through the lane I was supposed to be going into ran the red and hit me head on as I was turning into my lane. When the officer came he was telling me that I was racing and driving recklessly because apparently there was reports of…
Today i got caught doing 115 in a 90 at Mayfield and 410 and what I have been reading is that this offence is 3 points. Seeing this is my first offence I'm unsure if the ticket is supposed to I lost 3 points or is that just automatic. Also should I go to fight it to drop the points and just pay the…
I was (recently) involved in a traffic accident where, due to icy road conditions, I slid into oncoming traffic while making a right turn, while they were coming towards me and stopping at a stop sign. This was a residential area and there's no way I was exceeding anything over 20KM/h on…
