Do cops lay HTA charges based on 3rd party evidence? | GTAMotorcycle.com

Do cops lay HTA charges based on 3rd party evidence?

fastar1

fastar1

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So I was stopped at a traffic light tonight in the middle lane, with cars in front, behind, and lined up to my left. The right lane was empty even though we'd been stopped for close to a minute.

A car comes up the right lane towards the intersection... and just keeps going. He wasn't racing or anything, he just didn't slow down a lick. Completely oblivious. Luckily there was no cross traffic because someone would have been killed.

Anyways I just got a GoPro that I want to use every time I ride or drive for my own protection, butI don't have a good mount for it yet.

My question is, if I had filmed this and then caught up to him after the green without losing sight of the car, would the footage be of interest to the cops if I got a license plate number? Maybe follow him home to get his picture?
 
They might send them a letter or go have a chat depending on their driving record. Remember that the driver needs to be identified in order for a charge to stick, and you don't have any authority to stop them, and it's pretty hard to positively identify a driver based solely on looking in from outside (particularly from behind) - they'll always be able to use the "it wasn't me. I don't know." defense.

If you have a bluetooth headset then it might be of interest to report them as a drunk driver (on the grounds of the behaviour that you saw) - that will get the attention of the police pretty quick.
 
Note that if any charges result you have to testify or they got nothing.
 
Brian P said:
They might send them a letter or go have a chat depending on their driving record. Remember that the driver needs to be identified in order for a charge to stick, and you don't have any authority to stop them, and it's pretty hard to positively identify a driver based solely on looking in from outside (particularly from behind) - they'll always be able to use the "it wasn't me. I don't know." defense.

If you have a bluetooth headset then it might be of interest to report them as a drunk driver (on the grounds of the behaviour that you saw) - that will get the attention of the police pretty quick.
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I was thinking about it, and what if the cops went to the guys house and got him to incriminate himself?

Popo: "Have you been home all evening?"
Dodo: "Why no sir, I was just out"
"How long have you been gone?"
"I was out for a few hours, just got back at x o'clock"
"Where did you go?"
"To do some shopping."
"Did someone hit your car while you were out?"
Dodo walks over to look at his car "not that I know!!!"

Bam! cuff him!
 
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fastar1 said:
I was thinking about it, and what if the cops went to the guys house and got him to incriminate himself?

Popo: "Have you been home all evening?"
Dodo: "Why no sir, I was just out"
"How long have you been gone?"
"I was out for a few hours, just got back at x o'clock"
"Where did you go?"
"To do some shopping."
"Did someone hit your car?"
Dodo walks over to look at his car "not that I know!!!"

Bam! cuff him!
Click to expand...

You didn't say anything about the driver getting into an accident, which is what I think Brian is responding to.

Anyways in the example you provided, there could always be a I got into an accident at a previous time. Probably would still be able to talk his/her way out of it in court.
 
fastar1 said:
So I was stopped at a traffic light tonight in the middle lane, with cars in front, behind, and lined up to my left. The right lane was empty even though we'd been stopped for close to a minute.

A car comes up the right lane towards the intersection... and just keeps going. He wasn't racing or anything, he just didn't slow down a lick. Completely oblivious. Luckily there was no cross traffic because someone would have been killed.

Anyways I just got a GoPro that I want to use every time I ride or drive for my own protection, butI don't have a good mount for it yet.

My question is, if I had filmed this and then caught up to him after the green without losing sight of the car, would the footage be of interest to the cops if I got a license plate number? Maybe follow him home to get his picture?
Click to expand...

It's unlikely, for the reasons stated above, though the wording of HTA 172 doesn't preclude it, for the offences it covers.
 
PLau said:
You didn't say anything about the driver getting into an accident, which is what I think Brian is responding to.

Anyways in the example you provided, there could always be a I got into an accident at a previous time. Probably would still be able to talk his/her way out of it in court.
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He didn't get into an accident!
 
he is implying that he admitted that the car was his and that he drove it. (whether he actually did is up for some debate)
 
I seriously doubt they're going to cuff anyone for Running a Red... I doubt they'd even bother looking at any video. Sux..but unless it's a criminal charge, they probably just don't have the manpower/willpower to do anything.
 
Fastar, was this in Newmarket last night? If so, I was on the other side of the intersection at the time!

The Road Watch program allows people to make complaints about other motorists. The form you fill out is treated as an official complain, with all the associated penalties for lying. If you have conclusive evidence to give to the police, it always helps. As stated before, you would need to identify the driver though. If you have the camera mounted on your dash, then you can always narrate what you see as the driver, and have it recorded to the audio. This may result in a charge, although I'm not sure how keen the police are to chase that sort of thing.
 
suprPHREAK said:
Fastar, was this in Newmarket last night? If so, I was on the other side of the intersection at the time!

The Road Watch program allows people to make complaints about other motorists. The form you fill out is treated as an official complain, with all the associated penalties for lying. If you have conclusive evidence to give to the police, it always helps. As stated before, you would need to identify the driver though. If you have the camera mounted on your dash, then you can always narrate what you see as the driver, and have it recorded to the audio. This may result in a charge, although I'm not sure how keen the police are to chase that sort of thing.
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This is f****** fantastic. I'm just going to start blowing through red lights now. Most of the time there isn't any cross traffic anyways!
 
I don't see why you need to ID the driver, the red light cameras don't.

That being said are you really going to go to court and testify and then have the jackass complain and ask for an adjournment yada yada yada?
 
OpenGambit said:
I don't see why you need to ID the driver, the red light cameras don't.

That being said are you really going to go to court and testify and then have the jackass complain and ask for an adjournment yada yada yada?
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The guy still has no clue he ran a red light. Am I really going to let it slide if I have the video and risk the chance that he kills someone next time?
 
Just letting you know that you can't just drop off a video and expect that to be the end ofyour involvement.
Assuming the cops want to follow up, you will need to take the time off to testify.
 
One reason is that Red Light cameras are a "secure " source, also even though the registered owner of the vehicle gets the ticket, it does not effect the driving record.

Also, our justice system requires that you be able to meet your accusor.



OpenGambit said:
I don't see why you need to ID the driver, the red light cameras don't.

That being said are you really going to go to court and testify and then have the jackass complain and ask for an adjournment yada yada yada?
Click to expand...
 
gwelfmike said:
One reason is that Red Light cameras are a "secure " source, also even though the registered owner of the vehicle gets the ticket, it does not effect the driving record.

Also, our justice system requires that you be able to meet your accusor.
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Spare me, all I am saying is that there is authority available to issue a ticket without driver ID.
I made it more than clear that he still has to testify.

thanks for the lecture about "our justice system".
 
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You asked why we can charge using red light cameras and not some guy holding onto a camera, if yoiu do not want to hear an answer do not ask a question.

OpenGambit said:
Spare me, all I am saying is that there is authority available to issue a ticket without driver ID.
I made it more than clear that he still has to testify.

thanks for the lecture about "our justice system".
Click to expand...
 
I didn't ask a question. And your understanding of evidence is wrong.

red light cameras are nothing but a legislative hearsay exemption.
fastar showing up in court and testifying to the fact with video is not hearsay at all.

The idea of "facing your accuser" is an argument against hearsay, there is NO hearsay if a 3rd party shows up to testify.

Don't answer my "question" if you don't unstand what I am saying.

Can't / Won't / and not worth the time, are completely different things.
 
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