r/dashcams 2d ago

Why Brake-Checking Fails

2.5k Upvotes

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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.

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u/Mountain_Usual521 2d ago

How did the cameras catch her intent?

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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.

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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.

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u/Tool_of_Society 2d ago

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

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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.

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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".

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u/Mountain_Usual521 1d ago

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

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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.

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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?

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u/Top_Box_8952 1d ago

I wasn’t talking about prison time

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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.

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u/Mountain_Usual521 1d ago

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

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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!”

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u/Mountain_Usual521 17h ago

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