Police used personal point-&-shoot camera to prove stop sign traffic violation. Is camera admissible in court? Pay or contest?

Asked 10 months ago - Cerritos, CA

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?

Attorney answers (3)

  1. Stephen Ross Cohen

    Contributor Level 20

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    Answered . 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.

    If you are involved in a criminal law matter in Los Angeles, Orange County, Riverside or San Bernardino, California. Consider how much your freedom is worth. Other States have different Laws. Always, consult attorneys in your state!! Use Avvo’s tab “find a Lawyer” above.

    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.

    If you like my post, please mark it as “best” or “helpful”. I do not accept collect calls from inside jail or prisons; often they are listened to.

    My name is Stephen R. Cohen and have practiced since 1974. I practice in Los Angeles and Orange County, CA.... more
  2. Andrew Stephen Roberts

    Pro

    Contributor Level 20

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    Answered . Get an attorney and fight this ticket . You need to subpoena the camera . This can be too much for you to handle .

    Andrew Roberts

    Andrew Roberts (818) 597-0633/ (805) 496-7777
  3. Greg Thomas Hill

    Contributor Level 20

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    Answered . 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.

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