Page 1 of 2 1 2 LastLast
Results 1 to 10 of 14

Hybrid View

  1. #1
    Join Date
    Jul 2014
    Posts
    5

    Default How to Get Dash Cam Footage for a Traffic Violation

    My question involves a traffic ticket from the state of: Idaho.

    Yesterday, I was pulled over for running a Stop Sign, 49-808(2), which I did not.

    The officer claims that he and another officer saw me running the Stop Sign. The officers were in a parking lot with a lot of vehicles when they claim that I ran the Stop Sign. I asked if there was footage of me running the Stop Sign on their dash cera and the officer said they didn't have footage. Probably because they were adjacent to me, the police vehicle was facing a different direction. The officer even mentioned that I did not perform a California Stop, my plates are from California, in which I only maintain saying I stopped.

    After the encounter, I had an eyewitness say to me the same officers, going towards the same Stop Sign, ignored a vehicle running the Stop Sign the officer allegedly said I ignored.

    I plan to file for Discovery and to request the video footage of their dash camera, 15 minutes before the traffic stop, and 20 minutes after the traffic stop.

    I know what to do, but I need help with the execution, where should I file for Discovery and footage? Where can I obtain the form? What is there I can do about the incident after the traffic stop, regarding to the vehicle that ingored the Stop Sign and the officer whisked away.

    I am an Asian with a California liscense plate in Idaho. Thank you for your time.

  2. #2
    Join Date
    Mar 2013
    Posts
    1,279

    Default Re: Running a Stop Sign

    Just a couple of thoughts.

    1. While systems will vary from department to department, most patrol car video cameras activate only when the vehicle's emergency lights are turned on. Unless the patrol car has its lights on continuously, odds are there will be no video 15 minutes before and 20 minutes after the stop, assuming the patrol car was even equipped with a camera.

    2. When approaching a stop sign, most drivers hit their brakes and feel their car lurch forward. This causes them to believe they have come to a stop when all they have done is significantly slowed. Many will sincerely believe they stopped based on the forward lurch when in fact, they are in error. It is only when your feel the car lurch foreword and then rock back that you know you have really stopped. This happens all the time and is the cause of many stop sign citations.

    3. With this in mind it's going to come down to he said - you said. Judges usually take the word of the experienced, trained officer over the violator.

    4. The fact that the officers failed to cite another vehicle for the same violation is irrelevant as to whether you violated the law.

  3. #3
    Join Date
    Jul 2014
    Posts
    5

    Default Re: Running a Stop Sign

    The footage is needed because where the officers were there was a lot of car parked in the parking lot. The cars obstructed his view, and if the officers were in motion when they saw me, it would only strengthen my claim. Where should I go to file for Discovery and to obtain the video footage?

    Would that considered to be profiling of some sort? Harassment? Would I have been pulled over had I had an Idaho license plate? And being a majorority instead of a minority?

    What happened to innocent until proven guilty?

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

    Default Re: Running a Stop Sign

    Start by checking whether the police department will make the video (if there is any) available to you under the state Public Records Act. If you can obtain it in that manner, that's your solution.

    Getting pulled over for running a stop sign is not proof of profiling. You have not indicated any basis to suspect that you were pulled over for any reason other than the officers' perception that you ran through a stop sign.

  5. #5
    Join Date
    Mar 2013
    Posts
    1,279

    Default Re: Running a Stop Sign

    Quote Quoting Blue-1
    View Post
    The footage is needed because where the officers were there was a lot of car parked in the parking lot. The cars obstructed his view, and if the officers were in motion when they saw me, it would only strengthen my claim. Where should I go to file for Discovery and to obtain the video footage?
    I cannot speak for Idaho, but in my state you would write a letter to the police department in question addressed to the Custodian of Records. You would attach a copy of your citation and in your letter you would indicate you are seeking Informal Discovery and list the items you are seeking. Some of the other members here may be more familiar with Idaho law and may be able to better advise you.


    Quote Quoting Blue-1
    View Post
    Would that considered to be profiling of some sort? Harassment? Would I have been pulled over had I had an Idaho license plate? And being a majorority instead of a minority?
    No. You cannot prove unlawful profiling based on innuendo. Instead, you must demonstrate a continuous and ongoing pattern of unequal treatment of minorities or out of state residents.

    First, you would have to prove that the officer knew you were of a different race & state resident when decided to stop you. Telling someone's race by seeing the back of their head from the back of their car is rather hard if not impossible. Second, you would have to prove that the actions they took were based on your race and state of residence alone, and not on your actions. If you really wanted to try to prove that an individual officer was taking undue or excessive actions against people because of their race or residence, you would have to look at statistics of their arrests, contacts, tickets, etc., and see just who the officer contacts. Next you'd have to eliminate officers who police areas that are heavily populated by minorities. (A white officer in a black or Muslim neighborhood would only have blacks or Muslims to contact.) You would also have to look at what actions the officer took after the contact was made. Is the officer allowing whites (or blacks or Hispanics) and Idaho residents off with only a warning, while people of other races and state residents always get tickets or arrested? Look at an officer's uses of force: are they always justified? Who does he/she typically use force against? (Again you have to eliminate neighborhoods that are predominantly of one culture or race.) Is an entire agency guilty of racial/residence profiling? Apply the same questions to the agency as a whole. Ask: Does the agency teach officers how not to racially and residence profile? Does it teach them to respect other cultures and places of residence? Does it hold officers accountable for behaving appropriately when policing minorities an out of state residents?

    Quote Quoting Blue-1
    View Post
    What happened to innocent until proven guilty?
    You totally lost me on that one. Perhaps you left something out of your prior posts. Please clarify.

  6. #6
    Join Date
    Sep 2011
    Location
    OH10
    Posts
    17,019

    Default Re: How to Get Dash Cam Footage for a Traffic Violation

    You can waste your time, I do not see anything exculpatory to the officers testimony that will be viewed from the footage.

  7. #7
    Join Date
    Jul 2014
    Posts
    5

    Default Re: How to Get Dash Cam Footage for a Traffic Violation

    Quote Quoting L-1
    View Post
    I cannot speak for Idaho, but in my state you would write a letter to the police department in question addressed to the Custodian of Records. You would attach a copy of your citation and in your letter you would indicate you are seeking Informal Discovery and list the items you are seeking. Some of the other members here may be more familiar with Idaho law and may be able to better advise you.
    Am I able to walk into the Police Department and ask for the procedure?

    Quote Quoting L-1
    View Post
    Judges usually take the word of the experienced, trained officer over the violator.
    This is what I meant when I said innocent until proven guilty. :/

    Quote Quoting Disagreeable
    View Post
    You can waste your time, I do not see anything exculpatory to the officers testimony that will be viewed from the footage.
    Not only was there many cars that obstructed his view, if his vehicle was in motion it would only strengthen my claim that it would be impossible for him to see me "run" a stop sign.

    P.S. The citation was for 49-807(2) not 49-808(2), my mistake.

  8. #8
    Join Date
    Jun 2006
    Location
    Massachusetts
    Posts
    24,521

    Default Re: How to Get Dash Cam Footage for a Traffic Violation

    BTW, discrimination/harassment/"profiling" on the basis of state of residence is not illegal.

  9. #9
    Join Date
    Mar 2013
    Posts
    1,279

    Default Re: How to Get Dash Cam Footage for a Traffic Violation

    Quote Quoting Blue-1
    View Post
    Am I able to walk into the Police Department and ask for the procedure?
    You can, but more than likely you will have to come back several days later to pick up what you are seeking or it will be mailed to you.

    It is preferred that Informal Discovery Requests be put in writing so there is documentation as to what was requested, what was sent and/or denied and when it was provided. In addition, most law enforcement agencies have one person assigned to serve as Custodian of Records. They may coordinate this responsibility with other duties and don't drop everything to attend to a discovery request when it is made. Depending on what is being sought, it may take time to gather and duplicate certain items. Vehicle records must be obtained from fleet maintenance. Radar/Lidar records may be in the custody of the Technical Coordinator. Patrol car recordings may be in the custody of the Evidence Tech. Copies of the officer's copy of a citation or of his personal recordings will be with that officer. These people may not be immediate available provide the Custodian of Records with the items you are seeking. They may be in court, on a different shift, off sick, on vacation, on a day off, in training, etc. It is not unusual to look at a 10 day turnaround on a discovery request.


    Quote Quoting Blue-1
    View Post
    This is what I meant when I said innocent until proven guilty
    Judges usually believe the officer over the driver because of credibility issues. Officers testify as trained, experienced professional. Drivers rarely testify as to the law or relevant facts. Instead, they try to distract the court as to their actual guilt or innocence such as here, where make claims of racial discrimination, disparate treatment because of their state of residence or by making nonsensical claims that someone cannot make a factual observation from a moving vehicle. The first two are irrelevant to innocence or guilt and the second is nonsensical on its face because officers observe violations from moving patrol cars all the time. As such, if you present theses issues in court you will shoot your credibility in the foot and insure a guilty verdict if only because you have made yourself look like an idiot.

    I'm not trying to insult you, I'm just trying to point out the reality of life here. Our legal system is not like what you see on TV, where is someone fails to dot an I, cross a t, or some implication of bias is merely implied but never proven, the accused walks free with the profound apologies of the court for a serious miscarriage of justice. This is a simple traffic court. All the judge or hearing officer is going to concern himself with is whether or not you ran the stop sign. In doing so he is going to be mindful of the fact that most people do not commit traffic violations intentionally. To the contrary, most traffic violations are the result of inattention. Many folks do not realize they've committed a violation and will sincerely swear on a stack of bibles they did nothing wrong because they don't realize what they did.

    So, he's going to hear the officer say, "I observed Mr. Blue-1 drive his vehicle through the intersection of XX at approximately XX MPH and fail to come to a complete stop for the posted stop sign." Then he's going to hear you say, "I did stop. Racial discrimination, picking on me because I'm from California. He could have observed the violation because his vehicle was moving at the time." You tell me who is going to sound more credible.

  10. #10
    Join Date
    Jul 2014
    Posts
    5

    Default Re: How to Get Dash Cam Footage for a Traffic Violation

    Can I e-mail the Discovery request? I don't have Microsoft Word and a Printer. If not, is there any other way? Hand write it?

    The best thing I learned from Speech class was to facts to support your claim.

    1. Sponsored Links
       

Page 1 of 2 1 2 LastLast

Similar Threads

  1. Other Violations: Driving Without Transponder Visible on Dash, Wrong Violation Code
    By woodsfam in forum Moving Violations, Parking and Traffic Tickets
    Replies: 2
    Last Post: 10-14-2011, 02:42 AM
  2. Lights, Signs and Traffic Controls: Traffic Violation Notice (Right on Red) from Redflex Traffic System "Snitch Ticket"
    By uscnicechap in forum Moving Violations, Parking and Traffic Tickets
    Replies: 6
    Last Post: 03-16-2010, 01:00 AM
  3. Traffic Lane Violations: Traffic Violation 22101D, Violation of Reg Sign
    By freebirds77 in forum Moving Violations, Parking and Traffic Tickets
    Replies: 3
    Last Post: 06-21-2008, 07:19 PM
  4. Privacy Crimes: Is A Dash Cam Legal?
    By preacher in forum Criminal Charges
    Replies: 10
    Last Post: 07-15-2007, 06:05 PM
  5. Probation and Parole: Criminal Traffic Violation, and Possible Probation Violation
    By paoandrea in forum Probation, Parole and Incarceration
    Replies: 4
    Last Post: 01-11-2006, 09:53 AM
 
 
Sponsored Links

Legal Help, Information and Resources