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  1. #1
    Join Date
    May 2008
    Posts
    2

    Default Can I Use Video As Evidence?

    My question involves a speeding ticket from the State of: Washington.
    2 weeks ago I got a speeding ticket for "30+" in a 25 MPH zone ($113).
    I've asked for a mitigation hearing and I plan to argue that the relevant speed limit sign is mostly hidden by a tree.
    I recorded a 20 seconds video to show how it looks while driving past it.
    Can I present this in court? if yes, what is the recommended format? Can I bring my laptop? How can I prove that the video was taken in the place where the infraction took place?
    I have one other speeding ticket from last year which I paid by mail.
    Should I ask for a defferal or a reduced fine?
    Do you think I have a case?
    Thanks.

  2. #2
    Join Date
    Mar 2005
    Location
    Michigan
    Posts
    28,906

    Default Re: Can I Use Video As Evidence?

    Are you stating that the preceding speed limit sign was a 30+MPH sign , and you were cited because you kept going at 30+MPH once you reached the new sign because you didn't see it?

    You can contact the court to see what their preferences are for video presentation in court, and whether they have equipment that they prefer you to use.

    Assuming typical court procedure (and others here are much more knowledgeable about your state's traffic courts), you can authenticate the video with your own testimony - that it accurately represents the stretch of road upon which you were cited, with no significant differences from the date and time of the citation. That should be enough for the court, although the prosecuting authority would have the opportunity to object.

  3. #3
    Join Date
    May 2008
    Posts
    2

    Default Re: Can I Use Video As Evidence?

    Between my ride starting point and that hidden sign, there was no other signs (it was a 1 minute ride). As far as I could tell in the starting point I can drive up to 35 MPH.
    By the way, is it a technical problem if the ticket says "30+" instead of a precise number? The officier told me that he lowered the ticket to 30.
    Thanks for the reply.

  4. #4
    Join Date
    Jun 2007
    Posts
    636

    Default Re: Can I Use Video As Evidence?

    When you say 30+ do you mean 30 over the posted limit. Or do you mean you were doing 30mph in a 25mph speedzone. This is a big difference as for your offense. Also what is the posted speedlimit where you were prior to the 25mph sign.

    As for using the video as eveidence in your defense I see no reason why not. Being that Police are allowed to use dash cam video as evidence against you. Your video may show the fact that the tree is blocking the sign. In turn this would show that you were unable to see the sign and you were unaware of the change of speedlimit. There for you believed that you were in the right and obeying the law.

  5. #5
    Join Date
    Nov 2007
    Location
    Northern California
    Posts
    832

    Default Re: Can I Use Video As Evidence?

    Quote Quoting ushagal
    View Post
    By the way, is it a technical problem if the ticket says "30+" instead of a precise number? The officier told me that he lowered the ticket to 30.

    Genrally when the officer writes a "+" after the actual speed, it tells the judge that the officer gave you a break. It's not because the officer does not know exactly how fast you were going, they were just being nice and the trure speed will come out in court, with evidence that you were going that speed and a disclaimer "your honor, I cut him a break"

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