Maryland Attorney - New to Forum

esqu1re

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Hello. My name is Wayne. I'm a Maryland attorney, and I'm new to the forum! In a couple of days, I will be posting a blog article about the legal implications of webcams. I will post it in the legal section when it is up! (UPDATE: the blog can be found here as well: http://www.gandwlaw.com/blog/dashcams )

I own a cheap webcam, but stopped using it because it interfered with the FM radio. Also, I work in Baltimore, and the liability of having someone break into the car thinking it is something expensive just wasn't worth it.

I hope I can contribute to this forum with my thoughts on dashcams, which appears to be an evolving legal landscape.
 
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I'd love to know about the legality of dashcams considering I drive in Maryland a lot. Your expertise will be very welcome around here.
 
Any attorney listed is considered active and in good standing..

are you listed :D:D:D:D:D:D:D
 
Welcome esqu1re
 
I think discrete is the way to go, an obvious camera can invite problems

I had it mounted high up with the wire tucked into the A-Pillar, but unfortunately, it still stood out.

I'd love to know about the legality of dashcams considering I drive in Maryland a lot. Your expertise will be very welcome around here.

There are a few things you have to watch out for, especially if you are also recording audio.

Any attorney listed is considered active and in good standing..

are you listed :D:D:D:D:D:D:D

Sure am! I probably need to put something in my signature that nothing I say should be construed as legal advice and no attorney-client privilege has been established. =D

Welcome esqu1re

Thanks!
 
Well current small dashcams are the size of a AA battery, and the well designed ones allso dont have the bling bling crome and colors that seem to be popular in some markeds.
Offcourse the layout on / near your windscreen allso have a little to say in how stealthy install you can make.

The SGZC12RC is proberly the best camera for a stealthy install and good footage, if you have a place to stash the main unit the camera itself is pretty small.
https://dashcamtalk.com/forum/threa...c12rc-remote-lens-sony-exmor-imx322-wdr.8500/
 
Well current small dashcams are the size of a AA battery, and the well designed ones allso dont have the bling bling crome and colors that seem to be popular in some markeds.
Offcourse the layout on / near your windscreen allso have a little to say in how stealthy install you can make.

The SGZC12RC is proberly the best camera for a stealthy install and good footage, if you have a place to stash the main unit the camera itself is pretty small.
https://dashcamtalk.com/forum/threa...c12rc-remote-lens-sony-exmor-imx322-wdr.8500/

Thanks. I shall keep that in mind in the future. I had a DVR027--looks like a radar detector with the screen closed.
 
More good stuff to come in the new year, that SGZC12RC is allready out in a #2 version, not much have changed but some small flaws from the V1 hardware have been fixed.
Things have come a long way since the 027.

I got 4,,,,, no 5 cameras in my little Suzuki hatchback, thank god a dashcam dont use much power or my 1000 ccm engine would be overloaded going up hill :D

Only got so many cameras as i help some ppl get ther cameras tested, got 1 main camera in windscreen and a test camera ( joovuu X camera )
Seem like i will be able to take in a new camera soon, that is if some one got some new stuff and would like my help in that regard.
 
Hope you're not here hawking for business, a few members here have posted some harrowing driving vids which occur in those parts :p Audio recording advice would be a welcome addition here as Glik v Cunniffe pretty much covers public video recording as far as I can tell. And as I no longer have access to westlaw I can't offer anyone much help with audio questions other than calling it a local minefield and that my audio stays off!

I would suggest you give kamkar1's suggestion of a SGZC12RC, or perhaps a Mobius or the new Joovuu"X" cam some thought- these are very discreet cams which with a bit of thought can be so well hidden that nearly none will notice them in most cars. I do understand the street situation up there, an old friend's Dad spent his career behind a badge in DC and MD and all I can say is that I would never live there but that's just me!

Welcome Aboard,
Phil
 
Hope you're not here hawking for business, a few members here have posted some harrowing driving vids which occur in those parts :p Audio recording advice would be a welcome addition here as Glik v Cunniffe pretty much covers public video recording as far as I can tell. And as I no longer have access to westlaw I can't offer anyone much help with audio questions other than calling it a local minefield and that my audio stays off!

<snipped>
Welcome Aboard,
Phil

SawMaster, You said your audio stays off? I'm curious as to why, if you don't mind. I know USA state vary with their laws, as well as other countries, so obviously its a YMMV issue, but I have no clue as to the case you mentioned. 8-(
Thanks
 
I generally had my audio off, not for any legal reasons, but i dont see any need to bother your guys with my foul mouth, and since i mostly think in english thats allso what come out of my mouth, not least when i am alone in my car.
So with the MIC set to OFF i just have to edit video on my uploads.
I am now using MIC ON as i found out removing audio is just a matter of 2 mouse clicks, and i some times have some funny ( to me ) comments to things that go on around me car.
Will try to make a compilation, even if it might make a fjew DCT users think "well that Dane is even more crazy than i thought" :D
 
Welcome @esqu1re

SawMaster, You said your audio stays off? I'm curious as to why, if you don't mind. I know USA state vary with their laws, as well as other countries, so obviously its a YMMV issue, but I have no clue as to the case you mentioned. 8-(
Thanks
He swears too much. ;)
 
A few reasons my audio is off: Like kamkar1 you really DON'T want to hear what I say when I'm driving alone. It can't add anything substantial to a vid for my recording purposes. It may not be legal in some places I go (although I do know how to comply with State law regarding audio recording here). Being directly tied to my vid recording, if it is deemed illegal or disallowable as evidence then an argument can be made that the vid has to follow along. My workvan is extra-loud as things rattle around while driving. It will record engine noises which with my van's drive-train would make it sound as if I was racing when I'm not. But most important of all is that anything you say will be used to twist anything you've done to look as if you have done something wrong by the opposing attorney (which has happened to me already).

My old friend, mentor, and attorney (RIP) told me to say no more than you absolutely have to, especially if you're being placed under arrest, since at that point nothing you say can help your situation but it can hurt you. You speak only to your lawyer about legal matters, nobody else, cause he's the expert and the only one on your side who can help you at that point.

EliRDA, Glik v Cuniffe 2011 1st Appeals is a US legal case which ruled that anyone may film anyone or anything which is in a public setting so long as it does not interfere with a government official's performance of their duties. Wiki link here: https://en.wikipedia.org/wiki/Glik_v._Cunniffe The ruling applies to all US States and some US Territories as well so your dashcam video is safe but the audio may not be, hence my recommendation that you keep it turned off or make that recording on a separate device.

Phil
 
My old friend, mentor, and attorney (RIP) told me to say no more than you absolutely have to, especially if you're being placed under arrest, since at that point nothing you say can help your situation but it can hurt you. You speak only to your lawyer about legal matters, nobody else, cause he's the expert and the only one on your side who can help you at that point.

EliRDA, Glik v Cuniffe 2011 1st Appeals is a US legal case which ruled that anyone may film anyone or anything which is in a public setting so long as it does not interfere with a government official's performance of their duties. Wiki link here: https://en.wikipedia.org/wiki/Glik_v._Cunniffe The ruling applies to all US States and some US Territories as well so your dashcam video is safe but the audio may not be, hence my recommendation that you keep it turned off or make that recording on a separate device.

Phil

I can't think of many reasons why a civilian (non-police) with a dashcam would want to record audio. Most often something worth recording (e.g.: an accident/meteor flying across the sky/airplane crashing into a van in front of you on a bridge in Taiwan) will result in someone in the car reacting and most likely using expletives. Reactions like these are seldom beneficial in court.
 
I personally record audio, it doesn't bother me and I like hearing my reactions, lol. It also helps identify any hits, as you can hear the thump sound.
 
I can't think of many reasons why a civilian (non-police) with a dashcam would want to record audio. Most often something worth recording (e.g.: an accident/meteor flying across the sky/airplane crashing into a van in front of you on a bridge in Taiwan) will result in someone in the car reacting and most likely using expletives. Reactions like these are seldom beneficial in court.
So you are suggesting a video with someone yelling Fk*** stupid when someone hits his car is less beneficial than the same video without any yelling?
That doesn't make much sense plus you can always remove audio anyways when needed.

>Your honor, my client hit his car but he yelled obscene words after the crash so it's his fault. :D
 
A few reasons my audio is off: Like kamkar1 you really DON'T want to hear what I say when I'm driving alone. It can't add anything substantial to a vid for my recording purposes.
When I'm driving alone I mute myself, not the camera's audio. :D

But it's like you said, it depends on what purpose people use their recordings for.
 
@Sunny
Using profanity makes one appear to be less civilized to a jury. It may not affect the facts regarding fault but is could bear on the settlement sum. Showing anger with another driver before the crash could affect the decision of fault, especially in places where fault is shared by percentage o_O

Altering any part of the original recording could render it inadmissible as evidence on the whole- video and all :eek: If you altered one part you could have altered another part, and there is the question of why you altered it at all if you did nothing wrong?

So just leave the audio off unless you're the strong-willed silent type who never says anything in reaction to a life threatening emergency. Which rules out most of us.

Phil
 
Well lets hope a the judge and or jury will be able to oversee profanety, otherwise ppl that have tourettes syndrom better hope they never end up in a court of law.

I got 3 recordings today for my up and comming comments to dashcam captures compilation.
First a guy in front of me go into left turn lane but he never indicate, so that was commented upon with a dumbass added for good mesurments.
The second recording i cant tell here, but my comment to it was wholehearted laughter.
The third was just as i leave my parking spot a group of girls come walking looking at me it look like, so they get a comment i assume many young and old single guys would come with.
And the girl entering her little red car parked to the right of where mine was, is rather well equipped and she dont seem to be affraid of letting other ppl see that.
 
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