Saturday, March 9, 2013

Will video of accident help with HOV usuage in court? : Improper use ...

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.


_________________
Former Police Officer, Law Student, and aspiring Criminal Lawyer
http://www.SimonBorys.ca - Bio and Blog

NOTHING I SAY ON HERE IS APPROVED BY ANY POLICE SERVICE, NOR IS IT LEGAL ADVICE.

Source: http://www.ontariohighwaytrafficact.com/topic5156.html

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