Withdraw of case for not able to provide Video evidence ?

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saftyfirst
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Withdraw of case for not able to provide Video evidence ?

Unread post by saftyfirst » Wed Feb 11, 2015 6:13 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.

As this is the first time I request "Video Evidence", I would like to know the likelihood of my case withdraw if prosecutor fails to provide video evidence in condition of police note provided ?

Advice please ! =)


Observer135
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Re: Withdraw of case for not able to provide Video evidence

Unread post by Observer135 » Tue Aug 25, 2015 10:38 pm

What makes you think there actually is a video evidence?
Unless the officer explicitly mentioned to you that he has you on video, the prosecution does not need to produce such evidence and the officer's testimony will suffice.
Not that long ago there was no dash cams and people did get tickets and were found guilty based on what the officer witnessed.


MYOHTA
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Re: Withdraw of case for not able to provide Video evidence

Unread post by MYOHTA » Thu Sep 17, 2015 2:03 am

What if the officer said there is audio recording when they ticket you?

Do you ask for that in disclosure?


jsherk
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Re: Withdraw of case for not able to provide Video evidence

Unread post by jsherk » Thu Sep 17, 2015 3:27 pm

You should ask for audio and video evidence in disclosure even if they did not say there is any. If there is some, they are supposed to provide it even if it hurts their case and/or they do not plan on using it.

If you believe there is some, and if you did not get any, make sure you make a 2nd disclosure request. Then you need to bring it up before trial starts. If the prosecutor says there is not any, then the JP will believe him and the trial will continue without it. If you ask the officer about it during cross examination and he says that yes there was audio or video then this good news as you should have gotten it and the prosecutor said there was not any.
+++ This is not legal advice, only my opinion +++


MYOHTA
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Re: Withdraw of case for not able to provide Video evidence

Unread post by MYOHTA » Thu Sep 17, 2015 7:11 pm

Yup, in this ticket police said there is recording, but first disclosure didnt provide it. Of course if argue about it, judge will believe police over others. Will try to send a second disclosure, however dont expect them to send it since first one didnt. First request didnt specificly ask for audio recording, they might simply assume i didnt request it eh? Or just hope i dont request it.


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