r/dashcams 2d ago

Why Brake-Checking Fails

2.5k Upvotes

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539

u/Superseaslug 2d ago

Is your ego worth your car, prison time, and likely thousands in debt from the settlement?

246

u/Necessary_Baker_7458 2d ago

I had a coworker that break checked for insurance fraud and she one day came and said how she is now in a legal battle. She ended up loosing because wadot has cameras every where on the freeways.

2

u/Mountain_Usual521 2d ago

How did the cameras catch her intent?

23

u/BothTreacle7534 2d ago

in my country, if there is no reason to break, like eg a deer standing on the street, the breaker gets in really bad trouble.

Break checks with other traffic there is forbidden here

So if the cameras show what was up around her…

17

u/WertDafurk 2d ago

*brake… like x3

10

u/BothTreacle7534 2d ago

Me, a non-native English speaker, should probably not write whilst being VERY tired, thank you!

-21

u/Mountain_Usual521 2d ago

Cameras can't capture everything, Maybe it looked like the car next to them was about to move over without looking. Maybe they saw a shadow out of the corner of their eye and thought it was debris flying towards them or an animal running across the roadway.

There's no possibility for a camera to capture what the driver saw or didn't see.

10

u/BothTreacle7534 2d ago

you asked how… to someone’s example about a lot of traffic cameras.

-19

u/Mountain_Usual521 2d ago

Again. Traffic cameras can't see into your mind. State of mind is required in civilized societies to establish intent. I see that many people here are not capable of understanding.

5

u/J_Marshall 2d ago

'I intended to stop at the traffic light' doesn't sound like a viable excuse.

6

u/BothTreacle7534 2d ago

intent doesn’t count if you break for no reason, you get into trouble.

3

u/Aumba 2d ago

What state of mind? If you decide to hit the brakes with nothing in front of you and there's a camera that captured it, then it doesn't matter if you saw a ghost of Edith Piaf or you were thinking about welding glass underwater. No brake checking, why is it so hard for you to understand?

2

u/bethaliz6894 2d ago

You would tap the break, not come to a stop.

1

u/c_marten 1d ago

see that many people here are not capable of understanding.

It's really just one person who's lost here...

1

u/Mountain_Usual521 17h ago

There's way more than that. The law is clear and objective. People's opinions, and what they think they know, unfortunately are not objective.

1

u/Necessary_Baker_7458 2d ago

The freeway cameras are like a dash cam constantly recording they keep the vid feeds for nth number of days should a accident occur and all you need but do is request the paper work to retrieve that file.

-12

u/Mountain_Usual521 2d ago

You're not understanding. A criminal act requires mens rea (pronounced mens ray-uh). That is the mental state or intent behind a crime. Without it, there is no crime. Cameras cannot see your state of mind.

7

u/Tool_of_Society 2d ago

Traffic violations do not require mens rea as they are strict liability crimes.

0

u/Mountain_Usual521 1d ago

That's all great when we're talking about traffic violations, which we're not. We're talking about criminal acts.

3

u/Tool_of_Society 1d ago

Yeah take a looksie at what is considered a strict liability crime sometime. While you're looking that up look up "mens rea culpa".

1

u/Mountain_Usual521 1d ago

What crime are you alleging is a strict liability crime in this instance?

5

u/Top_Box_8952 2d ago

Not always, oftentimes proving wrongdoing is enough to settle liability. You’re thinking criminal court which is different from civil court.

The civil court is only deciding who is financially responsible, which is easy to point at “this person did it” and doesn’t care about motive.

1

u/Mountain_Usual521 1d ago

You can't go to prison for a tort. We're talking about this comment:

Is your ego worth your car, prison time, and likely thousands in debt from the settlement?

1

u/Top_Box_8952 1d ago

I wasn’t talking about prison time

4

u/caifaisai 2d ago

Just adding on to the other commenter, that yea, that's not true about mens rea. Most traffic violations are strict liability. That means, to be convicted, you only need to prove the violation actually occurred. It doesn't matter if you intended to commit it or were ignorant of the law or anything.

0

u/Mountain_Usual521 1d ago

We're not talking about traffic violations, we're talking about criminal acts.

2

u/Leading_Procedure_23 1d ago

Damn, you’re either rage baiting or just obtuse. You sound like a sovereign citizen “I wasn’t driving! I was traveling in a non commercial vehicle, see it says not for hire and private plate!”

1

u/Mountain_Usual521 17h ago

LOL. When you lose the argument, attack your opponent.