Will video of accident help with HOV usuage in court?

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ilOntario
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Will video of accident help with HOV usuage in court?

by: ilOntario on
Fri Mar 08, 2013 12:56 am

I received a ticket last November for using the HOV(404/401East ramp)lane so i could get out of traffic because of a horrific accident, i was wondering if my video
of the traffic and people trying to escape it will help me. My court date is November 1st i believe.

Thank You.
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Simon Borys
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by: Simon Borys on
Fri Mar 08, 2013 11:48 am

If this offence is one of absolute liability then all that the prosecution needs to do is establish that you did it. Motives are reasons are irrelevant. For an absolute liability offence, a video of you doing it (regardless of the reasons) would not help.

If this offence is one of strict liability, then the prosecution needs to establish that you did it, but it is open to you to establish a defence based on due diligence. If a video helps you establish due diligence, then it might be useful.
http://www.boryslaw.ca
NOTHING I SAY ON HERE IS LEGAL ADVICE.
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