Obtaining police video for traffic violation

[CharlieBauer]

I'm contesting a traffic violation and requested video of the incident.

I'm being told by the police evidence person that I can only view the video. I cannot get a copy.

I'm pretty certain I am entitled to receive a copy. But what wording do I use to get the video?

 

[Jarlaxle]

Ask your lawyer.

 

[FordBroncoVWJeta]

I hate [censored] police departments like that.

 

[Stewie]

Not sure in USA but in Canada there is an act call Freedom information act and can be requested via mail to most law enforcement agency.

 

[skyactiv]

https://www.nolo.com/legal-encyclopedia/free-books/beat-ticket-book/chapter9-3.html

 

[Bandito440]

Instead of just asking, send a FOIA addressed to the head of the department (chief/sheriff).

Important: mail it with signature confirmation and restricted delivery.

 

[CharlieBauer]

^ thanks but have already seen that.

They are allowing me to view but not to have a copy. That link only talks about being entitled to copies of notes which they have agreed to let me have.

 

[javacontour]

Originally Posted By: CharlieBauer
^ thanks but have already seen that.

They are allowing me to view but not to have a copy. That link only talks about being entitled to copies of notes which they have agreed to let me have.


Actually, the request for discovery asks for notes and copies of any electronic recordings.

There is much written about the notes. But if you read the request for discovery, it includes electronic recordings.

 

[umungus1122]

It's evidence and it must be allowed to be presented in court. It makes no difference what they tell you, as they will say anything they please. Find out what CA law is regarding obtaining a copy of the tape. A lawyer will speed up this process greatly.

 

[totegoat]

Whats on the tape?

 

[cptbarkey]

Originally Posted By: umungus1122
It makes no difference what they tell you, as they will say anything they please.


+1

 

[javacontour]

I guess the real question is where you speeding or other moving violation? If so, will they "amend" the ticket? I.E. you don't plead guilty to speeding but some equipment or non-moving violation, pay the fine and go on probation?

 

[CharlieBauer]

Originally Posted By: javacontour
I guess the real question is where you speeding or other moving violation? If so, will they "amend" the ticket? I.E. you don't plead guilty to speeding but some equipment or non-moving violation, pay the fine and go on probation?


It was a stop sign violation. There's no indication that they will amend the ticket.

Btw, the officer was illegally parked while monitoring the intersection. Does that have any bearing on this?

 

[fsdork]

I've heard the same procedure is in place here. The prosecutor will let you view the video, but not receive a copy.

As for the parking question, most jurisdictions exempt police from many traffic laws in the execution of their duty. You'd have to read the applicable acts for your state to confirm.

 

[CKN]

The Police can park anywhere they want. If your hubcaps/wheels didn't stop moving at
the sign you are guilty. That's what the cops look at.

 

[bdcardinal]

You could try to get a subpoena to force the police to show the video in court.

 

[PandaBear]

Unless you have a lawyer, you will probably not get what you wanted. However, the lawyer will say it is easier and cheaper to just pay up than to fight it. The only exception is drunk driving or related accident.

 

[Bud]

If you came to a complete full stop at the stop sign I would want the video also. If you didn't, you got caught in a rolling stop. Easy ticket.

 

[RedOakRanch]

I friend of mine got the run around too but when he sent a certified letter explaining that under the freedom of information act he wanted a copy of the video from the dash cam. He got a letter back that the ticket was dropped. That was from a BLM ticket.

 

[Vern_in_IL]

A STOP is exactly that, A FULL STOP.

Stop signs and red lights. I want to see more yield signs used in country townships.