Have you been charged with Stunt Driving in Ontario and considering using dashcam footage as your defence? This blog will explain the admissibility and effectiveness of dashcam evidence in a Stunt Driving case. Let’s dive in!
Can Dashcam Evidence Be Used in Your Ontario Stunt Driving Case?
Yes, dashcam footage can be presented in court. However, its impact on your Stunt Driving case may be minimal. Why? Stunt Driving charges in Ontario typically hinge on the officer’s radar evidence, especially when excessive speeding is involved. So, unless your dashcam footage can disprove the radar reading, it may not significantly aid your case. Remember, factors such as how you were treated by the officer or the towing company do not influence the radar evidence. Thus, your dashcam footage could fall short of providing a strong defence unless it shows “illegal” activities.
When Can You Use Dashcam Footage for a Stunt Driving Charge in Court?
Your initial court appearances are known as “pre-trial” appearances. They are not trials, so you can’t submit evidence at this stage, and the officer won’t be present. If the officer’s radar device was properly calibrated, the Prosecutor will likely view this as sufficient evidence to proceed with your Stunt Driving charges. Therefore, they won’t accept your dashcam footage during the pre-trial. The only time your dashcam footage can be submitted is during the actual trial, and only if it can prove illegal activity or refute the radar evidence.
Does Officer Behaviour Matter in a Stunt Driving Case?
If you feel the officer was unfair at the roadside when charging you with Stunt Driving, ask yourself this question: “Was the officer’s behaviour illegal?” If not, their behaviour is unlikely to be relevant in your case. The court, the police, the province, and the prosecutor consider you a “public safety threat” due to your Stunt Driving charge. Their main concern is the potential danger your behaviour may pose to others, not necessarily your roadside experience.
The Best Way Forward in a Stunt Driving Case
If you’re dealing with a Stunt Driving charge in Ontario, the smartest course of action is to seek legal counsel. Engage a law firm that specializes in Stunt Driving cases to guide you. They can offer you the right advice, prepare an effective defence, and instruct you on how to handle your case and keep your license.
In conclusion, dashcam footage can play a role in your Stunt Driving case. However, its value depends largely on the nature of the footage and the specifics of your case. Always seek professional advice when dealing with such charges to ensure the best possible outcome.
Can dashcam evidence be used in a Stunt Driving case in Ontario?
Yes, dashcam footage can be used in a Stunt Driving case in Ontario. However, it's important to note that the primary evidence typically used in these cases is the officer's radar evidence. Therefore, unless your dashcam footage can disprove the radar reading, its impact might be minimal. You can present this evidence during the actual trial and only if it can show illegal activities or refute the radar evidence.
When and how should you handle a Stunt Driving charge in Ontario?
Upon being charged with Stunt Driving in Ontario, it's advisable to seek legal counsel immediately. Lawyers specializing in such cases can provide appropriate advice and prepare an effective defence. Remember, dashcam footage and other types of evidence can only be submitted during the actual trial. The court, the police, the province, and the prosecutor primarily concern themselves with the potential danger your behaviour might pose to the public, not necessarily your roadside experience.