Dash Cam Videos Used as Evidence

Al Drake

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DashCamMan said:
If there are any non-dash cam topics you would like to chat about, feel free to post in this forum.

Are there any posts about actual stories of how their cams have been used to help make their case? About how the LEOs react to the introduction of DC video when they appear? How about road rage? Can someone complain if they are raged and prove it or do the LEOs not even care? If you are stopped and know you are innocent would you have a chance at a hearing if you can prove you violated no laws or would you need a lawyer to introduce evidence?
 
Re: New Off Topic Forum

In North America, dash cams are pretty new for the average citizens, so there haven't been too many cases yet.

In Canada, Raguruban Yogarajah was charged with fraud and mischief due to dash cam evidence.

It is valid evidence so I don't see why it would be treated any differently from a legal perspective. Using a lawyer would depend on the circumstances.

I imagine most police officers wouldn't know what to do with dash cam evidence. What will be more interesting to see is what will happen as more inappropriate behavior from police is caught on cams.

Just in the last few weeks these 2 videos surfaced:

Cop Rear-Ends Motorcycle Rider and blames the Rider (Helmet Cam)

Police Road Rage (Cell Phone Cam)
 
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Re: New Off Topic Forum

jokiin said:
the guy in this story was charged because of the footage provided http://au.news.yahoo.com/today-tonight/ ... e-madness/

Everyone needs to be careful and it's no wonder people just walk away and don't want to get involved. Should I continue to work or stop and maybe have to go to court and lose a days pay? I'd want someone else to.
 
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Re: New Off Topic Forum

I think many of us want to catch a good clip and hope we don't get involved in a case where we need one ourselves. I had two recent events that made me think I need one. I won't go into detail but I know the LEO would have taken the time to see what I had to offer and might have resulted in criminal action. It's almost like I need a camera crew along for the ride with all the nuts out there these days.
 
I found it interesting in the Canada dashcam case where "web vigilantes" tracked down license plate number of the driver at fault and threatened him etc. I see some people blocking out license plates when they upload to youtube, anyone know how to do that? What editing program is used?

I would hate to be involved in a incident that proves my innocence and then be sued because of harassment from youtubers ... Maybe it's a good idea to block out plates when posting to youtube? Obviously leave the plates unblocked when submitting the video to court.

(Sorry if I strayed off topic)
 
Chad said:
I found it interesting in the Canada dashcam case where "web vigilantes" tracked down license plate number of the driver at fault and threatened him etc. I see some people blocking out license plates when they upload to youtube, anyone know how to do that? What editing program is used?

I would hate to be involved in a incident that proves my innocence and then be sued because of harassment from youtubers ... Maybe it's a good idea to block out plates when posting to youtube? Obviously leave the plates unblocked when submitting the video to court.

(Sorry if I strayed off topic)
No, this is very important, it is totally different to use video as evidense in court or use it in youtube or such. You should be very careful to show anyone's licence plate so that they can be recognized and show them in bad light, no matter is the case true or false. You find yourself in court very quickly, or something worse.
 
Any video footage I have provided in court has never been released on the internet for good reasons!

Any exhibit used as evidence should remain in the custody of the submitter and police, if people release footage on the internet then it's probably wise to conceal the identity of the vehicle or person's especially if the video(s) are not to be used in court as evidence.
 
Can anyone recommend video editing software that could be used to blur out number plates or faces?
 
adobe after effects, just create a layer, add a rectangle mask, and apply fast blur... and track to number plate, or manually move keyframes....
 
oddpoo said:
Can anyone recommend video editing software that could be used to blur out number plates or faces?

Youtube can blur faces automatically.
 
Milamber said:
Any video footage I have provided in court has never been released on the internet for good reasons!
You are right!
If the dash cam user is thinking will go to court is better to keep the video private.
Maybe it can be uploaded on internet after the case is fully closed.

The dash cams videos should be accepted as evidence like any video evidence. The only thing you can't claim from your videos are the dates printed on video. None of them will be accepted as evidence (date, time, speed, GPS location) because are not official standards approved by the government. For the court, judge are just some numbers without value.

enjoy,
Mtz
 
Mtz said:
The only thing you can't claim from your videos are the dates printed on video. None of them will be accepted as evidence (date, time, speed, GPS location) because are not official standards approved by the government. For the court, judge are just some numbers without value.
I decided to hide speed and time stamp. Speed (if high) can work against you, and time is often not right so why confuse judge and opponents lawyer if time/date is wrong.
 
Sabe said:
Speed (if high) can work against you, and time is often not right so why confuse judge and opponents lawyer if time/date is wrong.
I wonder that if the GPS is connected to the DVR isn't the time automatically synchronized?
 
Lajos said:
I wonder that if the GPS is connected to the DVR isn't the time automatically synchronized?
I've heard some dvr's take right time from gps, that shouldn't be so hard to program.
 
Sabe said:
Lajos said:
I wonder that if the GPS is connected to the DVR isn't the time automatically synchronized?
I've heard some dvr's take right time from gps, that shouldn't be so hard to program.

Yes it can be done (we do it) a lot don't do it though
 
The only time I would ever post on Youtube is if an "officer of the law," was violating my rights.
 
My dashcam footage has been used in two accident cases, a road rage and a felony theft prosecution.

In each case the accused accepted his fate without going to court.
 
http://www.canlii.org/en/ab/abtsb/doc/2014/2014abtsb336/2014abtsb336.html

Footage from a Dash Camera has been used as evidence against a court appeal by a convicted drink driver in Calgary, Alberta.

During the driver’s court appeal; several minutes of dash camera footage was submitted by one of two Calgarian drivers that initially called in the drunk driver.
According to the case reports, the vehicle can be seen weaving in and out of its lane, and towards the end of the footage, a police van can be seen pulling in behind the vehicle with its lights on.

The footage was used alongside blood concentration levels, police reports, and 911 call transcripts to deny the appeal.
 
Are there any posts about actual stories of how their cams have been used to help make their case? About how the LEOs react to the introduction of DC video when they appear? How about road rage? Can someone complain if they are raged and prove it or do the LEOs not even care? If you are stopped and know you are innocent would you have a chance at a hearing if you can prove you violated no laws or would you need a lawyer to introduce evidence?

In 2007, I was cited for driving 72 in a 55. I was flowing with traffic, albeit, one of the lead cars. It was a road I drove every day to get to work, and my routine was quite consistent - setting my cruise to match the flow. That day, I set it to 68mph. Now granted, I WAS speeding - 13mph over, to be exact. So when I was (rightfully) stopped, I had no problem accepting the citation for my actual violation.

The deputy asked me, "do you know how fast you were going?" I said, "No sir, but if you give me a second, I can rewind this video and it'll tell me."

"That is so cool! Our cruisers don't even have that" he said with the excitement of a 10 year old with a new toy. When I replayed the video, it showed I was doing no more than 68.5 mph for the 2min before I came into range of his laser gun, all the way up to when he got behind me. He said, "That's neat, but I trust my laser gun..."


Anyway, to answer your question, I ended up going to court with the video of the stop, with the GPS speed stamped in the corner. I also provided other videos of me going past those radar-based speed reporting signs. In each case, the speed displayed by the sign, and the GPS imprinted speed were exactly the same.

Further, I did some research on the laser gun that the county uses (LTI 20/20 - which incidentally was banned in the UK due to a known, proven 'slippage' defect that causes erroneously high speed reading). I brought the operating manual for the laser gun to court, with the manufacturer's specification page. It declared the 20/20 gun as a velocity accuracy of +/- 1.0 MPH. I also brought the spec sheet for my GPS unit, which had a stated accuracy of 0.1MPH - a full 10x better.

In the end, the judge reduced the citation from 72 to 68. And that was fair. I don't have a problem with paying for my misdeeds. Paying more - especially when you consider that a 13mph over is treated as a minor speeding infraction, vs. the alleged 17mph overage, which is a major infraction - is not something I will take lying down.

Now on to my non-attorney spokesman perspective of 'evidentiary requirements' regarding admissibility of our videos...

When you are a defendant, you are entitled to submit ANYTHING into evidence that will help corroborate your defense. The video you captured on your camera is nothing more than a witness to the event. It cannot be dismissed or disallowed simply because you can't prove authenticity or accuracy. The judge/magistrate/jury may ultimately not believe it has value, or may question it's validity, but it's no different than witness testimony.

If the State/prosecution wants to use the dash camera video as evidence against you, then there IS an additional burden placed on them to verify it's legitimacy and accuracy. In other words, they cannot use it as they would the testimony of a trained and certified officer in the use of a certified and calibrated piece of speed detection equipment. If you challenge the calibration records of a laser/radar gun, for example, and the state cannot prove it was calibrated within an allowable time frame, it gets dismissed as evidence, and the case is dropped. Since your dash camera video doesn't meet state requirements for accuracy certification/calibration, and it has no security features that guarantee it hasn't been altered (therefore chain of custody cannot be verified), it is virtually impossible for the video to be used as a means of prosecution. Especially in civil infractions (speeding, running a red light, road rage, etc) where no accident or damage has occurred, and where typically an officer would have to witness (first-hand) the infraction in order for it to be admissible.

Criminal infractions (DUI crashes, hit and run, etc) where an officer doesn't have to witness the crime first hand for the prosecution to pounce, yeah, they'll use the video.

Sorry so long winded...
 
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