OHTA.ca

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

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.

If the video doesn't help prove your case, why would you have any interest in having it played during the trial?

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.

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.