It might be that you ran a red light, or it could be that you had a serious accident and need to make sure your situation receives fair treatment by the law. The rise of dashcams and social media has made video evidence a much more common occurrence when receiving a charge. But, that brings up an important point: can you be charged with reckless driving from a video?
In short, yes. This article should give you a good understanding of what part video might play as evidence in producing such a charge. So, learn how you can protect your driving record by knowing more about the law involving video details today.
How Law Enforcement Uses Video Evidence in Southern California
In Southern California, law enforcement is starting to leverage video footage more than ever before. With constant advances in technology, it makes it easier and easier to capture and analyze this evidence every year.
From the point of view of both the police and the public, this evidence increases transparency for law enforcement. It also increases public safety by empowering law enforcement to take action for specific issues they see in the field.
This has led to video becoming a pivotal piece of evidence in many criminal cases, including reckless driving. Courts are becoming more used to this being a common occurrence, and we should expect that trend to continue.
Types of Video Evidence
There are many different methods for both collecting and using video evidence that can result in a charge. Such evidence is very likely to be either compelling or irrefutable in court. They include:
Dashcams
Due to several videos of useful dashcam videos being shared online, more and more drivers are picking up dashcams. These days, they offer high-quality footage and clear evidence of events such as reckless driving. When there are conflicting witness statements, they also offer a clear third party who can provide an unambiguous account.
Surveillance
Many public and private spaces have video surveillance systems that offer clear and continuous footage of a location. Examples of these include traffic cameras and store security systems.
This footage is sometimes overwritten by the security system owner before your lawyer or law enforcement can gather it. Still, in many cases, it can create an objective record of an event.
Social Media
Videos of reckless driving are often uploaded to social media, and people sometimes even record their crimes. Such evidence can then be used in a criminal charge but must receive authentication before a court will accept it.
Can You Be Charged With Reckless Driving From a Video?
Direct video evidence is one of the clearest ways to show a person has committed a crime. Several cases have set precedents that video evidence is a valid method of showing whether someone has driven in an unsafe manner.
This evidence must fit a legal standard before use, but modern police are well-versed in how to ensure their evidence meets legal demands.
Legal Precedents for Reckless Driving on Video
Several cases have set the precedents that may come up during a case hinging on video. For example:
Johnson v. Lexmar Distribution dba LDI Trucking, Inc., 2021
In this case, the submission of video evidence demanded significant steps before the court would accept it. It also led to precedents of authentication processes that would allow either prosecution or defense to use video.
State of North Carolina v. Kevin Wayne Terry, 2023
This case reiterates the use of dashcam footage from police vehicles. It reinforced the irrefutable nature of the evidence, despite technicalities leading to a remanded case.
Impact of Video Evidence on Driving Records
Video evidence is one of the strongest forms of evidence and can thus have a severe impact on your driving records. Convictions supported by this data can often lead to harsher penalties, including:
- Fines
- Points on the driving record
- License suspension
- Jail time
It is a very powerful tool for prosecutors and tends to make a defense's arguments much weaker.
Steps to Take if Accused
If you want to ensure your driving record remains as clean as possible, the first thing you need to do is hire a qualified attorney. They can request, review, and then contest any video evidence used to charge you, which may do a great deal to help you in court.
Make sure to also keep accurate records of all communication you have about the incident. These may act as further evidence and help you at a later time. Examples can include:
- Witness statements
- Additional video footage
- Vehicle inspections
- Photos of the scene
Be cautious about making public statements too, such as on social media. These could incriminate you, or provide the prosecution with other forms of ammunition. It is better to leave all communication to an expert defender instead.
Steps to Take in Court
Your attorney should be able to handle the case when it gets into the courtroom, but you can expect them to take one or more of the following angles.
First of all, they may question how authentic the video is. If there is not a clear chain of custody for the video, including well-kept records, they will be able to suggest that it could have been tampered with.
At the same time, they may try to highlight any gaps or inconsistencies in the footage that may reduce trust in what people see in the video. At the same time, they will understand the different contexts in which a video is taken and how that can impact its existence.
Stay Safe and Informed With Expert Advice
The question, "Can you be charged with reckless driving from a video?", was never a difficult one. Of course, you can. It does take some effort to prove the video is not doctored, though, and as such there might still be ways to get out of such a charge.
As such, you might want some expert help to make sure you receive fair treatment when it comes to the law. F Your Ticket is a specialist in vehicular law and can help you ensure you receive fair treatment should you need to face a legal situation. So, get a free consultation to find out why our name is accurate and what we can do for you.