California failure to stop violation (22450a) in stop sign/residential area. Officer tries to show the evidence on point-&shoot camera. Sun was glaring on screen, officer replays video a few times - even correcting himself that the car is not my car, then fwd/rwd to replay. Because I cannot see due to glare & my vantage point, I ask to hold camera myself for better view. He says no, quickly puts camera away, and serves me ticket. Is camera admissible in court? Should I contest/ask for reduce fee?
Family Law Attorney
It will be up to the judge to determine if there is any weight to be given to the film, if there is too much glare it might not be worthwhile as evidence. I would advise you to go to trial.
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YOU HAVE ABSOLUTE RIGHTS TO COUNSEL, TO CONFRONT YOUR ACCUSERS
TO REFUSE TO TESTIFY AGAINST YOURSELF,
TO WITNESSES BEING SUBPEONED,
ETC. GUARANTEED BY THE CONSTITUTION
DO NOT WAIVE THEM, IF NECESSARY ALLOW YOURSELF TO BE ARRESTED. IN MY 40 YEARS OF EXPERIENCE 99% OF THE PERSONS WHO HAVE TALKED WITH THE POLICE HAVE HURT THEIR CASES!!
WOULD YOU BET MONEY ON THOSE ODDS, WHY BET YOUR FREEDOM! POLICE ARE TRAINED IN INTERROGATION TECHNIGUES AND ALLOWED TO LIE, THEY ARE TALKING TO YOU TO GET EVIDENCE TO USE AGAINST YOU!!
YOU CAN TALK TO YOUR ATTORNEY AND HIS STATEMENTS TO THE POLICE CAN NOT BE USED AGAINST YOU.
If judges or juries do not accept your facts, that will change their judgments and each of them have differing biases. Each case is different. No lawyer can guarantee an outcome, at a hearing or trial other facts may come out.
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Criminal Defense Attorney
The video is admissible as long as the officer can lay a proper foundation for it to authenticate it so that is reliable evidence.
Should you contest the ticket? Well, if the film shows you running the stop sign, no. It would be a waste of your time.
It sounds like the officer bungled his filming, however, or else he would have shown you the video.
Only you can decide whether you are willing to take the risk of having the video introduced into evidence. You ought to expect the judge to help the officer bring the video into evidence. However, you were there, I was not. Do you think the officer captured you on video? If not, take it to trial. If he did film you, do not waste your time. Pay the fine and move on.