Obtaining police video for traffic violation

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Originally Posted By: 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?


Well, I would say you're dealing with the wrong person. By all means, take the evidence officer up on the offer to view the video - take your cell phone or a video camera and just record it directly, so at least you have that.

If it's favorable to you, ask the prosecuting attorney to provide you a copy. He/she probably does not even have a copy of it yet, but they shouldn't have any problem with making you a copy. You can look at your states mandatory disclosure rule in your rules of criminal procedure, and move for the prosecutor to make that disclosure. If that doesn't extend to the video, subpoena it separately. Under the rules in my state, the prosecutor has a mandatory duty to disclose exculpatory evidence.

If it's unfavorable, hope that it gets lost.
 
How did you come to find out this video exists and will exonerate your guilt? If the police aren't using it against you then is it discoverable evidence?
 
Originally Posted By: Win
Originally Posted By: 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?


Well, I would say you're dealing with the wrong person. By all means, take the evidence officer up on the offer to view the video - take your cell phone or a video camera and just record it directly, so at least you have that.

If it's favorable to you, ask the prosecuting attorney to provide you a copy. He/she probably does not even have a copy of it yet, but they shouldn't have any problem with making you a copy. You can look at your states mandatory disclosure rule in your rules of criminal procedure, and move for the prosecutor to make that disclosure. If that doesn't extend to the video, subpoena it separately. Under the rules in my state, the prosecutor has a mandatory duty to disclose exculpatory evidence.

If it's unfavorable, hope that it gets lost.


Yes I thought of that idea to view and copy the video.

Thanks for the additional guidance.
 
Originally Posted By: 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.

Here, really, it's a matter of disclosure. If they didn't provide such evidence to you (or your lawyer) upon request, there would be heck to pay in court.
 
Originally Posted By: Leo99
How did you come to find out this video exists and will exonerate your guilt? If the police aren't using it against you then is it discoverable evidence?




The citing officer told me he had it on video.

The evidence officer confirms they still have it and may use it if I contest this in court.
 
Do you think you came to a complete stop?

If you are just fighting the point of getting the video you can hire a lawyer to do that and pony up some serious $$$ but I don't see the point in doing so.

But you are right, you should be entitled to all evidence in the case, but how much time and money do you want to spend on proving you're right?
 
These posts come up time to time. Somebody gets their first (justified) ticket in years and they get upset and decide initially to fight City Hall. With most insurance companies there are things you can do to minimize the (negative) monetary effects of a ticket.

The OP will come around and decide to pay it-it will ultimately cost more to fight it.
 
Originally Posted By: CKN
These posts come up time to time. Somebody gets their first (justified) ticket in years and they get upset and decide initially to fight City Hall. With most insurance companies there are things you can do to minimize the (negative) monetary effects of a ticket.

The OP will come around and decide to pay it-it will ultimately cost more to fight it.


Your assumptions have led you to incorrect conclusions.
 
Originally Posted By: dishdude
Do you think you came to a complete stop?

If you are just fighting the point of getting the video you can hire a lawyer to do that and pony up some serious $$$ but I don't see the point in doing so.

But you are right, you should be entitled to all evidence in the case, but how much time and money do you want to spend on proving you're right?


Yep I believe I came to a complete stop. Thats why I want the video.

If they don't provide it to me before the trial date, the case can be dismissed.
 
Originally Posted By: turtlevette
Originally Posted By: linkbelt
Vern_in_IL said:
A STOP is exactly that, A FULL STOP.

You are correct, Sir! My LAST "rolling stop" ticket cost me over $400.


That's a weeks salary in Tennessee



You are also correct, Sir! LOL
 
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