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  1. #1
    Join Date
    Jul 2013
    Location
    CA
    Posts
    2

    Default Speeding Ticket Based on Recording From My Own Video Camera

    My question involves traffic court in the State of: CA
    I have a very unique situation of getting speed ticket by my own video cam.

    I crashed my motorcycle while riding mountain twisty with my friend in CA. GoPro video cam on my bike recorded the crash scene including the speedometer of the bike. No other vehicle was involved. I had broken leg and while I was waiting for ambulance, CHP officer arrived at the scene. When my friend was trying to retrieve my GoPro Cam off my bike, the officer told him to leave it on and the bike was towed away. A couple of days later, the CHP officer showed up in the hospital where I was in, and issued a speed ticket for 71 mph where speed limit was 55 mph. He said he reviewed video file from my cam and registered the file as evidence. He returned me the empty memory card after he deleted the video (Cam was still on bike at towing service co). He said I was going up to 80 mph in other part of the road, so if I appeal, judge will see the video evidence and can suspend my license for reckless driving.

    My question is,
    1. Can the officer confiscate my cam without my consent and use the video file to issue me a speed ticket? Wondering if any part of this was unlawful.
    2. Did he violate any law when he deleted the video file and returned me a empty memory card?
    3. If I fight the ticket, can the judge suspend my license based on video file overruling initial speed ticket?

    Your advice is much appreciated.

    Thank you.

  2. #2
    Join Date
    Dec 2004
    Location
    Seattle
    Posts
    3,577

    Default Re: [Unique Situation] Speed Ticket by My Own Video Camera

    Personally, I'd advise getting an attorney. I'm not all that knowledgeable of CA law, but in WA it is well established that officers may perform an "inventory search" of a lawfully impounded vehicle. This is to protest the officer, the department, and the towing company from future claims that "my such-and-such was on the back seat -- somebody took it".

    That said, to perform an "inventory search" AFTER the vehicle has been towed, sort of defeats the purpose. Furthermore, while it's reasonable for the officer to note the presence of the GoPro, and even that it contained an SD card in the slot, I don't believe it's reasonable for him to "view" the video, remove the SD card, or erase the SD card.

    As I said, I'd contact an attorney who has knowledge of search-and-seizure laws in CA.

    Barry

  3. #3
    Join Date
    Sep 2005
    Location
    California
    Posts
    20,594

    Default Re: [Unique Situation] Speed Ticket by My Own Video Camera

    Seizing the video may not be a problem, but reviewing the video without a search warrant and using it as evidence may be contrary to state law - especially in light of a recent court decision by the CA SC in June (Robey v. Superior Court of Santa Barbara County).

    You might want to consider paying for an attorney ... though, you may have to weigh the benefits as the attorney may cost you more than the fines and the increased insurance.

  4. #4
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: [Unique Situation] Speed Ticket by My Own Video Camera

    You posted this question as being about an appeal. Should we infer from that, that you have already had a hearing on your ticket and lost? That you are appealing for a trial de novo?

  5. #5
    Join Date
    Dec 2004
    Location
    Seattle
    Posts
    3,577

    Default Re: [Unique Situation] Speed Ticket by My Own Video Camera

    I don't think OP meant "appeal" -- I think he/she meant "contest". IMHO.

    Barry

  6. #6
    Join Date
    Jul 2013
    Location
    CA
    Posts
    2

    Default Re: [Unique Situation] Speed Ticket by My Own Video Camera

    Yes I meant contest. I have arraignment next week.
    I've already talked to a traffic attorney. He said he would request for discovery to get the video file and then motion for excluding the video evidence as it has to be prepared by the prosecutor. If not accepted, he would ask for traffic school. In worst case scenario, he was not quite clear but I thought he agreed without much confidence that judge could suspend my license.

    I wouldn't contest if the worst case scenario can become a reality. I posted here hoping if someone has clear answer for 3rd question.

  7. #7
    Join Date
    Feb 2010
    Location
    CT & IL
    Posts
    5,273

    Default Re: [Unique Situation] Speed Ticket by My Own Video Camera

    Quote Quoting cdwjava
    View Post
    Seizing the video may not be a problem, but reviewing the video without a search warrant and using it as evidence may be contrary to state law - especially in light of a recent court decision by the CA SC in June (Robey v. Superior Court of Santa Barbara County).

    You might want to consider paying for an attorney ... though, you may have to weigh the benefits as the attorney may cost you more than the fines and the increased insurance.
    +1 I agree

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