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Subjunctive
Sep 12, 2006

✨sparkle and shine✨

NancyPants posted:

In what scenarios would this happen? Does that mean that one side would intentionally withhold evidence to disprove someone's testimony?

1. That's allowed?
2. Wouldn't it be harder to get that evidence admitted later? Why do it that way?

I don't know what you're going to say on the stand until you say it, so after you say "I saw his green hat through the window", I might tell my lawyer "I was wearing a red hat and the selfie I took 5 mins earlier will prove it!" That I was wearing a red hat isn't material until you testify otherwise, so why would I tell you about my selfie ahead of time?

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Krispy Wafer
Jul 26, 2002

I shouted out "Free the exposed 67"
But they stood on my hair and told me I was fat

Grimey Drawer

Inverse Icarus posted:

To nail the rear end in a top hat that broke the law and tried to sue me under false pretenses.

That rear end in a top hat is somebody's niece, damnit!!!

Maybe my family is just dysfunctional, but I can't think of a circumstance where I'd keep talking to an extended family member who did something that terrible. Much less go out of my way to try and help them.

BonerGhost
Mar 9, 2007

Subjunctive posted:

I don't know what you're going to say on the stand until you say it, so after you say "I saw his green hat through the window", I might tell my lawyer "I was wearing a red hat and the selfie I took 5 mins earlier will prove it!" That I was wearing a red hat isn't material until you testify otherwise, so why would I tell you about my selfie ahead of time?

That makes sense.

So if I have a video that shows you caused the accident, and you sue me for causing it, I withhold the video to later impeach your testimony since I already know you're going to lie on the stand?

E:
But why not submit that video in the first place so you can establish that you didn't do what you're being accused of, instead of having to go through all the other poo poo and wait for the plaintiff to hang herself? Does it make it that much easier to actually win the case?

I'm having a hard time imagining other situations where withholding evidence would make sense/be anything approximating fair. Are there any?

BonerGhost fucked around with this message at 01:21 on Dec 1, 2015

MrKatharsis
Nov 29, 2003

feel the bern
Providing the evidence beforehand gives the lying accuser a chance to alter their lie. The Reddit thread goes over this in detail.

Very few Reddit threads make me smile but that one did.

Devian666
Aug 20, 2008

Take some advice Chris.

Fun Shoe

NancyPants posted:

But why not submit that video in the first place so you can establish that you didn't do what you're being accused of, instead of having to go through all the other poo poo and wait for the plaintiff to hang herself? Does it make it that much easier to actually win the case?

I'm having a hard time imagining other situations where withholding evidence would make sense/be anything approximating fair. Are there any?

It is fair as should could have decided under oath to tell the truth then the video evidence wouldn't be needed. So she was given more than one opportunity to come clean about this. For this reason it's easier to win the case as her intent to commit fraud is clearly established (it's a tough thing to prove). It also clearly undermines any statement she has made true or false.

^^^ not giving them a chance to alter the lie is also a good reason.

BonerGhost
Mar 9, 2007

Aaaaah I was confused about the timing of all this. Next time I will rtft.

Rudager
Apr 29, 2008
Reading further it seems like the sequence of events is.

  • Crash happens
  • Niece gives false statement full of lies to police
  • Other driver has criminal charges laid against them resulting from the accident
  • Niece finds out about criminal charges because she is used as a witness to the criminal trial against the other driver
  • Niece files her own civil suit for damages or something
  • Niece lies under oath in the criminal trial against the other driver
  • Dashcam footage is used as evidence in the criminal trial after niece's testimony

Sounds like her civil suit hadn't even started, it all happened in a criminal trial against the other driver where she was used as a witness, but up until that point the dashcam was show she had run up $100,000 in false medical expenses and filed a false civil suit.

There was never any discovery for her case because it never even got off the ground.

hanales
Nov 3, 2013

Rudager posted:

Reading further it seems like the sequence of events is.

  • Crash happens
  • Niece gives false statement full of lies to police
  • Other driver has criminal charges laid against them resulting from the accident
  • Niece finds out about criminal charges because she is used as a witness to the criminal trial against the other driver
  • Niece files her own civil suit for damages or something
  • Niece lies under oath in the criminal trial against the other driver
  • Dashcam footage is used as evidence in the criminal trial after niece's testimony

Sounds like her civil suit hadn't even started, it all happened in a criminal trial against the other driver where she was used as a witness, but up until that point the dashcam was show she had run up $100,000 in false medical expenses and filed a false civil suit.

There was never any discovery for her case because it never even got off the ground.

:allears:

canyoneer
Sep 13, 2005


I only have canyoneyes for you

Krispy Kareem posted:

That rear end in a top hat is somebody's niece, damnit!!!

Maybe my family is just dysfunctional, but I can't think of a circumstance where I'd keep talking to an extended family member who did something that terrible. Much less go out of my way to try and help them.

Don't lend her your car, at least.
More horrifying details from the comments.

quote:

The trial I mentioned my wife's niece testifying at was the other driver's criminal trial, not the civil trial for the lawsuit. So the trial was between the other driver and the prosecutor. I don't know what the rules are for sharing evidence in this. My wife's niece didn't have a lawyer or standing for this. She was a witness. My wife thinks that the prosecutor knew about the video and decided to let her testify anyway, but I myself doubt this.
My wife's niece claimed she had the right of way because the other driver had a sign, so she she proceeded at the speed limit and was hit by the other driver who ran the sign. What she actually did was stop, wave the other driver through TWICE and then accelerated and hit the other driver. She made the same claim in her statement to police and in her lawsuit allegation. So she didn't misremember or forget a few details, she outright lied. From what I have read online and what people involved in the insurance industry have posted here this is a common way to stage an accident.
She claimed she was in so much pain that she couldn't walk and needed to be in a wheelchair whenever she went out, along with needing a neck collar and braces for other parts of her body. She even testified from her wheelchair instead of stepping up into the witness box. She was under a bed rest order from doctors except when she had to go out for medical appointments and stuff. My wife's niece claimed in her lawsuit filing that she couldn't move her foot and had numbness and partial paralysis in one arm. The investigator got her on video climbing out a back window in her townhouse and leaving the complex out the back way, going clubbing in heels and at the gym lifting weights with the hand and arm she claimed was paralysed (against the doctor's orders of being on bed rest). So even if she was hurt her actions here look bad on her. She claimed over $100,000 in expenses and from what I know at least $100,000 was paid for medical and physiotherapy bills. I could be wrong about the number she was paid but I know some was paid out.
The prosecutor is involved because this all happened around the other driver's criminal trial. My wife's niece had just filed her lawsuit right before she was found out for lying. As far as I know the other driver had answered it yet. So all the trial stuff was the other driver's criminal trial, and between the other driver and the prosecutor. It wasn't the civil trial between my wife's niece and the other driver.
I think my wife's niece is headed for prison as a felon given what she did, but I don't know anything about the law so I could be wrong.
:owned:

Nitrox
Jul 5, 2002
Sometimes this and the schadenfreude thread are neck to neck

Moneyball
Jul 11, 2005

It's a problem you think we need to explain ourselves.
She deserves it, but I still feel bad for her.

Devian666
Aug 20, 2008

Take some advice Chris.

Fun Shoe

Moneyball posted:

She deserves it, but I still feel bad for her.

All she did was maximise spring break equity.

Vahakyla
May 3, 2013
This is the best story in a while.

Krispy Wafer
Jul 26, 2002

I shouted out "Free the exposed 67"
But they stood on my hair and told me I was fat

Grimey Drawer
If her 'medical' bills have already been paid out for bogus injuries I bet there's a doctor whose about to get a call from some insurance company lawyers.

Moneyball
Jul 11, 2005

It's a problem you think we need to explain ourselves.

Krispy Kareem posted:

If her 'medical' bills have already been paid out for bogus injuries I bet there's a doctor whose about to get a call from some insurance company lawyers.

Blinkman987
Jul 10, 2008

Gender roles guilt me into being fat.
I want to picture some Law and Order moment DUN DUN where the video evidence is shown, the judge orders her under arrest, then she's led away in cuffs screaming. That's how it's done, right?

the littlest prince
Sep 23, 2006


Blinkman987 posted:

I want to picture some Law and Order moment DUN DUN where the video evidence is shown, the judge orders her under arrest, then she's led away in cuffs screaming. That's how it's done, right?

If the prosecutor is good buddies with the judge, maybe he can arrange this.

flyboi
Oct 13, 2005

agg stop posting
College Slice

VitalSigns posted:

He lost it all on craps after that so I assume the casino had some rules about tables and minimums and stuff to get all the sweet VIP digs. Maybe he was exaggerating his winnings in poker, but I am entirely ready to believe the casino has a lady whose job it is to find people who brought a lot of money and get them to stay as long as it takes for the house advantage to come out on top in the law of averages. But I don't know anything about how casinos work: I hate gambling so if I'm dragged to the casino I bet the minimums on blackjack and order free drinks because at least blackjack is a kinda entertaining way to lose money and I like alcohol.

Yeah that's not how Vegas works. Everything is run on reward systems where they scan a card tied to you and track your pay-in, table play and cash out. Tables actually have the worst rewards payouts due to the difficulty tracking versus slots. I can tell from first hand experience dropping 20k gambling won't do much because that would last an hour tops in the high limit room and outside there you don't get hand jobs.

Not a Children
Oct 9, 2012

Don't need a holster if you never stop shooting.

I just realized, even if she manages to avoid jail time and somehow manages to plead her restitution down to something she could reasonably pay, she's still hosed because her insurance rates will be absolutely ridiculous for the rest of her life

Suspicious Lump
Mar 11, 2004
That girl is a psychopath. All for a loving holiday!

antiga
Jan 16, 2013

Suspicious Lump posted:

That girl is a psychopath. All for a loving holiday!

Which she presumably would have enjoyed from a wheelchair

Vahakyla
May 3, 2013
So wait, was the cop driving an unmarked home, hence the dash cam?

Rudager
Apr 29, 2008

Vahakyla posted:

So wait, was the cop driving an unmarked home, hence the dash cam?

You don't have a dash cam in your car in the day and age of 18 year olds trying to commit insurance fraud to pay for spring break trips?

Devian666
Aug 20, 2008

Take some advice Chris.

Fun Shoe

Vahakyla posted:

So wait, was the cop driving an unmarked home, hence the dash cam?

Difficult to say. Dash cams are becoming more common though. Either way that dash cam saved her career and a massive insurance claim.

e: dash cam = GWM

SpelledBackwards
Jan 7, 2001

I found this image on the Internet, perhaps you've heard of it? It's been around for a while I hear.

My coworker gives a pretty glowing review of the dash cam he got somewhat inexpensively for his car and his wife's car, and it makes me want to get one too after hearing him talking about it and seeing all those crazy Russian dash cam videos. But it also makes me think I need one for the front windshield and the rear glass because YOU NEVER KNOW what you'll catch if it only records out the front.

Still, I'm assuming having one camera is better than no cameras... although now I might have to be slightly more careful about what I say aloud in the car when I'm otherwise alone. :bahgawd:

BonerGhost
Mar 9, 2007

Yeah that thread made me start looking at cameras. Will probably buy a pair after xmas.

Christmas is BWM. Have budgeted comfortably for it but I still don't want to spend the drat money.

Dillbag
Mar 4, 2007

Click here to join Lem Lee in the Hell Of Being Cut To Pieces
Nap Ghost
I've has a dash cam for over a year and have never recorded anything remotely interesting other than some scary rain storms, but I know that if it ever captures an accident I'm involved in there's a 50/50 chance it will either exonerate me or convict me.

VitalSigns
Sep 3, 2011

flyboi posted:

Yeah that's not how Vegas works. Everything is run on reward systems where they scan a card tied to you and track your pay-in, table play and cash out. Tables actually have the worst rewards payouts due to the difficulty tracking versus slots. I can tell from first hand experience dropping 20k gambling won't do much because that would last an hour tops in the high limit room and outside there you don't get hand jobs.

I know nothing about how Vegas works, feel free to not believe my friend got comp'd poo poo and that the real story of how he lost that $20k student loan is even more embarrassing, if you want.

John Smith
Feb 26, 2015

by LITERALLY AN ADMIN

VitalSigns posted:

Okay okay, calm down Ayn Rand, this much excitement isn't good for you. Have a cigarette and just enjoy the stories hey?

Just calling Devian666 and you out, that is all. Self-indulgent entitlement is not appealing...

Renegret
May 26, 2007

THANK YOU FOR CALLING HELP DOG, INC.

YOUR POSITION IN THE QUEUE IS *pbbbbbbbbbbbbbbbbt*


Cat Army Sworn Enemy
Yeah...I think it's about time I buy a dash cam too...

Krispy Wafer
Jul 26, 2002

I shouted out "Free the exposed 67"
But they stood on my hair and told me I was fat

Grimey Drawer
I have an old Android phone that I use for a dash cam. $5 for the software, less than $20 for the mount.

Granted, dedicated dash cam's do have some advantages, such as wider angle lenses and some have better night vision.

Of course, since I had the dash cam breaking up its video in 5 minute increments, the one time I almost needed it (other car blew through a red light right in front of me) it was stopping one recording and starting the other.

Devian666
Aug 20, 2008

Take some advice Chris.

Fun Shoe

John Smith posted:

Just calling Devian666 and you out, that is all. Self-indulgent entitlement is not appealing...

I agree I don't like the baby boomer attitude either. Something that has been discussed a lot in local media is why the people coming out of high school move into trades where there is actual money and jobs with skill shortages. Yet people are still getting degrees and piles of student debt. These attitudes need to change throughout society.

e: We're not used to high levels of homelessness in New Zealand but it's going to be a reality for the last of the baby boomers (they are by definition bad with money).
http://www.interest.co.nz/property/78930/salvation-warns-falling-home-ownership-rate-will-see-renting-baby-boomers-struggling

Dr. Eldarion
Mar 21, 2001

Deal Dispatcher

Dillbag posted:

I know that if it ever captures an accident I'm involved in there's a 50/50 chance it will either exonerate me or convict me.

Presumably you still have a right to not self-incriminate and don't have to turn over the footage?

SiGmA_X
May 3, 2004
SiGmA_X

Dr. Eldarion posted:

Presumably you still have a right to not self-incriminate and don't have to turn over the footage?
Not a lawyer, but my general understanding of how the Fifth works in civil cases, I believe this is true. In criminal cases, I don't think this applies as it is not self incriminating evidence but rather third party? When a defendants PI turns up bad stuff on the defendant, it must be turned over in discovery just like everything else.

I could be wrong, I'm not an attorney and I've never encountered this before, but that's my rough understanding.

mastershakeman
Oct 28, 2008

by vyelkin

Dr. Eldarion posted:

Presumably you still have a right to not self-incriminate and don't have to turn over the footage?

You'd have to turn it over in discovery, assuming the other side isn't incompetent.

r0ck0
Sep 12, 2004
r0ck0s p0zt m0d3rn lyf
I'm not a doctor or a lawyer but if you just sign this piece of paper we can begin the kidney transplant.

Dillbag
Mar 4, 2007

Click here to join Lem Lee in the Hell Of Being Cut To Pieces
Nap Ghost

Dr. Eldarion posted:

Presumably you still have a right to not self-incriminate and don't have to turn over the footage?

Civil, not sure. Criminal, definitely have to hand it over, at least in Canada. We had a guy up here not strap an exchange student into his hang glider properly and she fell hundreds of feet and died. He swallowed the memory card that was in his glider and was charged with obstruction of justice / destruction of evidence.

http://www.ctvnews.ca/mobile/canada/hang-glider-pilot-sentenced-to-5-months-in-jail-over-fatal-tandem-accident-in-b-c-1.1681084

Golluk
Oct 22, 2008
Given all the interest in dash cams, personally I use a G1W-C dash cam. It's about 40-50 bucks. It's caught the license plate of a van that bumped into the back of me then speed off. Nice thing is it uses a capacitor instead of a Li-ion, less risk leaving it in a hot car. No lost time between video segments either.

There may be better options out now, but that was the recommended unit 1-2 years ago.

OBAMNA PHONE
Aug 7, 2002
We have a dashcam thread over in AI for those interested. The under $100 go-to camera these days in AI is the Mobius with a capacitor.

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Subjunctive
Sep 12, 2006

✨sparkle and shine✨

Dr. Eldarion posted:

Presumably you still have a right to not self-incriminate and don't have to turn over the footage?

Turning over existing evidence isn't the same as giving testimony, and it's the latter that's covered by the Fifth.

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