Ticket for Speed Not Prudent, with Cell Phone Video of Actual Speed

OK so i was going about 60 in a 40mph road, and when i saw a police car come to the intersection to make a right onto my road i slammed my brakes down to 40mph, and for about 1mile i went at 40 mph then made a right into the street live on, as soon as i made the turn the cop turned on his lights and pulled me over. He insisted i went 60 before i saw him and slowed down, and then went 50 after passing him (which i didnt because i kept looking at my spedometer it was 40/41) when i got into my street he said i went 57! He gave me a ticket for speed not prudent. When asked if i was clocked, he asked if i was a lawyer in a sarcastic manner. My question is, i had a cellphone to record the dashboard and i clearly enunciated the time and date while i was driving with the cop behind me (before he turned his lights on) i was afraid to show this to the officer incase he deleted it (or i got a ticket for using a cellphone while driving) the question is AM i allowed to use a cellphone in the car for purposes other than talking to someone or texting?

Laws are different in each state.

Depending on your state, and laws regarding cell phone use while driving. You might want to let it go and pay the fine.

this was in new york

The New York DMV says....

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Quoting What is the law on cell phone use while you operate a vehicle in NYS?

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New York State has passed a law that does not allow you to use a hand-held mobile telephone while you drive. If you use a hand-held mobile telephone while you drive, except to call 911 or to contact medical, fire or police personnel about an emergency, you can receive a traffic ticket and pay a maximum fine of $100 and mandatory surcharges of $50.

This violation is not a probationary license violation, and the DMV does not assign any driver violation points.

For complete information on this traffic safety issue and a copy of the law, see Car Cell Phones at the Governor's Traffic Safety Committee web site.

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ah, but was it a cellphone or was it a camera?

Obviously it is a cellphone with a camera but if you are using it as a camera and not a cellphone, will that make that statute not applicable?

Technically he was not using the cellphone, he was using the camera. I believe the spirit of the law would cause one to conclude OP is not guilty of the cellphone violation.

The video of the dash only proves that your speedometer read that speed during the recording, it does NOT prove that you were going the limit prior to the start of your recording and when the officer first saw you.

- Carl

but i would be allowed to use the camera correct? also he didnt turn his lights on for a while, followed me for a mile before. whole time recorded, even the lights of the cop car was recorded.

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Quoting Jakex1

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but i would be allowed to use the camera correct? also he didnt turn his lights on for a while, followed me for a mile before. whole time recorded, even the lights of the cop car was recorded.

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I have no idea whether the camera could be used or not.

The key is not when the officer got behind you or when he turned on his lights, but when he observed you speeding. He may have obtained a visual estimate or a radar/lidar reading when he first saw you.

- Carl

I have the good fortune to be friends with a recently retired life-long traffic cop and I am aquainted with 3 other active police officers who I consider to be "good people". Unfortunately, I have also been at the receiving end of a few less-than decent officers on the side of the road. As technology is placed in the hands of more and more people, I think you'll see a big increase in the use of personal digital recording devices being used during traffic stops and the information collected being entered in to evidence in the court room. For decades, police have used video and audio recordings to bolster their cases, so I see no reason why we can't also.

If you can show that the officers' testimony regarding the latter portion of your drive conflicts with the video evidence, you can argue that ALL of the officers testimony is questionable, including the initial portion (before your recording). Discrediting a witnesses testimony is a primary focus of both sides in a trial.

I'm sure you can record on your phone. Clearly the law was intended for "phone conversations". To apply that statute to the recorder portion would be silly.

After a bad experience with a rogue cop last year, I now record constantly when I drive. Maybe I'm just a tad paranoid, but I'm not going through that bad experience again. In addition to the mini-cam, I have a small digital audio recorder I press if stopped (as a backup in case I'm "ordered" to turn off the video camera. Again, it's nothing law enforcement doesn't do themselves ;)

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