I have a trial in a few hours. is it possible to use the satellite view from google earth as a way to explain the intersection very well and also to prove that the officer could not have an unobstructed line of sight to traffic lights from where he/she was parked. Plz reply soon
Can a google earth satellite image be used in trial?
- highwaystar
- Sr. Member

- Posts: 380
- Joined: Fri Oct 11, 2013 5:46 pm
-
Posting Awards
Re: Can a google earth satellite image be used in trial?
It all depends on the JP. If they apply correct evidence law than the answer is NO. You would need to bring in the Google employee who took the images to authenticate them, confirm it hasn't been doctored, and whether the location is an accurate reflection of the location at the relevant time. Without proper authentication, the image is prejudicial and should be inadmissible since there is no way to know when it was taken, if the location looked the same way on the date of offence, and whether any modifications have been made (i.e. Google often filters out information from their images such as faces, plates, numbers, etc.).
Bottom line: some JP's allow the images to be used to assist a defendant in testifying but the image itself is not admitted into evidence as an exhibit. In that case, the court is NOT suppose to look at the image themselves (only the witness gets to look at it). However, other JPs blur the law of evidence and will look at the photos themselves, or worse yet, admit them into evidence! It doesn't hurt to try your luck----a wise prosecutor will likely object and set out the law. However, other times, even with objections, the JP allows it in. Just keep in mind that if the images ARE admitted into evidence, there is always the possibility that the prosecution appeals the case due to an error of law. That rarely happens, however, that WOULD give them excellent grounds for an appeal. You need to assess whether its worth the risk.
Re: Can a google earth satellite image be used in trial?
The #1 problem with Google Maps, Earth & Streetview images is that the pictures were taken a long time ago. The intersection you received the offence notice may look different.
Google Earth images can be years old.
I read a decision on CanLII with a driver who received a ticket on the 407ETR for driving by a police vehicle with emergency lights at 105 km/hr. He didn't move over or slow down for the cruiser. Because he took pictures months later, that didn't go too well for him.
R. v. Drljevic, 2010 ONCJ 188 (CanLII) http://canlii.ca/t/29w7t
[48] During the course of his examination in chief, the defendant identified and qualified four photographs of the relevant portion of Highway 407, which he took on July 12th, 2009. Even though these photographs were taken approximately nine months after the time of the alleged offence, the photographs were admitted into evidence as exhibit nos. one to four, on the basis that they would be afforded the appropriate weight given their date.
[57] In making reference to photographic exhibits nos. one and four, the defendant acknowledged that the position of his vehicle in the photographs was just an estimate of the location of the police vehicle stopped at the side of the road at the relevant time. He admitted that he did not take the photographs until approximately nine months after the time of the alleged offence and he acknowledged that his recollection as to the purported location of the police vehicle could have been inaccurate.
It's in your best interest to take the pictures yourself.
Similar Topics
-
-
- Earth Day...
- Posted in General Talk
- By FyreStorm on
- Replies: 3
-
-
-
- 1398 Elgin Ave, Winnipeg, MB, Google Street view.
- Posted in General Talk
- By hwybear on
- Replies: 2
-
-
-
-
- "Bilingual Defence" - Where it can be used
- Posted in Courts and Procedure
- By Radar Identified on
- Replies: 18
-
-
-
- disclosure notes from police/utterances - can they be used?
- Posted in Exceeding the speed limit by 16 to 29 km/h
- By PaulinCanada on
- Replies: 2
-
-
-
- Used vehicle information package Sect. 11.1
- Posted in PART 2: Permits
- By racer on
-
-
-
- General Slang's & Terms Used On www.OHTA.ca
- Posted in Forum Rules
- By Reflections on
-
-
-
- Insurance valid when buying a used car?
- Posted in Compulsory Automobile Insurance Act
- By cruzmisl on
- Replies: 5
-
-
-
- Speeding on off-ramp (warning sign used as speed limit )
- Posted in General Talk
- By md174 on
- Replies: 1
-
-
-
- Was the incorrect sign used? 25 over in a 50.
- Posted in Exceeding the speed limit by 16 to 29 km/h
- By HiGloss on
- Replies: 4
-
-
-
-
I don't know if the cop used a radar or not - what next?
- Posted in General Talk
- By littleredecho on
- Replies: 9
-
-
-
-
-
- Used a file ticket service - received a fine in the mail
- Posted in Courts and Procedure
- By method76 on
- Replies: 3
-
-
-
- Will statement be used in court
- Posted in General Talk
- By 287 on
- Replies: 4
-
-
-
- RIDE checks used to be unlawful
- Posted in General Talk
- By jsherk on
- Replies: 3
-
-
-
- Radar used by officer driving in front
- Posted in Exceeding the speed limit by 30 to 49 km/h
- By 5bs on
- Replies: 5
-
-
-
- Used car seller liability
- Posted in Other Ontario Provincial Acts Related to Traffic
- By zhechaojin on
- Replies: 1
-
-
-
-
Suspected mileage tampering after used car purchase
- Posted in General Talk
- By Creggerj on
- Replies: 1
-
-
-
-
- Can I attend a speeding ticket trial on behalf of someone...
- Posted in Courts and Procedure
- By Susanna on
- Replies: 8
-
-
-
- Speed can Increase at trial - Court of Appeal
- Posted in Courts and Procedure
- By hwybear on
-
Featured Topics
lift laws, bumper height laws, headlight height laws
hey all im lifting my 03 f350 crew cab..
and ive called 3 different local police stations with NO HELP AT ALL...
im wondering...
is there bumper height laws?
headlight height laws?
what is a headlight?? ( like can i put any light at the proper level and it be legal?? or does it have to be a certain…
Falsely Accused of Handheld Device Usage
Hi!
This is my first time ever getting a ticket and I am completely frustrated and don't know what to do.
On July 7th, I was driving to work, taking my usual route and it's about a 15 minute drive for me. At the first red light, I noticed I had a bit of time thanks to the countdown so I quickly…
Radar Gun Error Code & Incomplete Disclosure
Hello,
I'm hoping somebody can point me in the right direction to track down various radar gun error codes.
Way back in March of this year I was stopped for speeding, 86kmh in a 60 Community Safety Zone, on Mayfield Rd., on the outskirts of Brampton. (Aloa school)
The cop was using hand held radar,…
Fail to Stop for School Bus- Owner - 175 (20)
Hi everyone,
My husband was driving my car and passed a school bus with flashing lights. He did not realize this until he was past the bus. The driver honked at him but there were no cops nearby and he didn't get pulled over. I believe the driver or witnesses reported this and we got issued a…
Prohibited Turn Sign Cannot be Seen
Hey guys I was hoping for some advice on my first ever ticket.
I just moved to the Aurora area and made a prohibited left turn between the prohibited hours. This is my very first ticket so I am unsure as to how to precede. I have already requested and received my court date and I assume the next…
Novice Driver B.A.C Above 0%
heres the story
i am 25 with a G2 Drivers license. had a lot to drink saturday night. woke up the next morning and drove home around 1pm sunday. got pulled over for speeding, police officer smelled booze had me blow a breathalyzer. i blew 0.035 . he aloud my passenger to drive my truck home. he gave…
Red Light Camera has extended delay for ticket
Hello Folks,
Well please confirm a couple of things.
1> Red Light Camera ticket is a "parking ticket" in essence, does not go on the record, so could just pay and forget.
2> Can early resolution, bring down the ticket fine, only reason would be excellent driving record, last 10 years. If…
Improper Left Turn: Harbor & Yonge St
Hi, last summer I was pulled over when I made a left turn from he middle lane at Harbor and Yonge Street (heading east on the Gardiner and taking the Yonge exit). I swear they nabbed about 10 people in 5 minutes. Anyways, I decided to challenge in court, my court date is in April and I have just…
How To Fight A No Seatbelt Ticket
The key ruling on fighting a seatbelt ticket is R. v. Kanda, 2008 and an example of it's application is R. v. Gupta, 2008.
In Kanda, the court established that this offence is a strict liability charge. In other words, you can offer a defence of due diligence. In Kanda the defendant explained the…
Have trial next week for Failure to Obey Stop Sign
Last July I got pulled over for failure to obey stop sign at a T-intersection in my neighbourhood. After I got my trial date I requested disclosure in November. Sent in another request for disclosure in early January and in mid-January got a call to pick it up at the court office. The disclosure…