Requesting A Copy of Patrol Car Video

[TWood]

What is the name of your state? GA

As a defendant, do I have the right to request a copy of the patrol car video of the ticketing officer prior to my court date?

If so, how do I go about doing this?

 

[seniorjudge]

What is the name of your state? GA

As a defendant, do I have the right to request a copy of the patrol car video of the ticketing officer prior to my court date?

If so, how do I go about doing this?

You have the right to ask for a patrol car video (if there is one) after you plead not guilty and have a trial date set; then you make a motion for discovery of all discoverable evidence from the prosecutor's file. If the video is discoverable, it will be in the prosecutor's file.

 

[TWood]

Thank you seniorjudge.

I was ticketed for passing in a no passing zone. I believe I am innocent, but I think the only way I can prove it, is with the patrol car videos from the ticketing deputy and from another "witnessing" deputy. I would like try to establish that neither deputy could clearly see my pass. Both were behind other vehicles when I made the pass. If neither video shows my car making an illegal pass, would that be enough to prove they couldn't see me passing?

 

[seniorjudge]

Q: If neither video shows my car making an illegal pass, would that be enough to prove they couldn't see me passing?

A: I don't know...that stretch of road is always kind of fuzzy when I think about it. I'd say it was about a 50-50 chance, more or less. Good luck.


Standard answer

Here are some hints on appearing in court:

Dress professionally in clean clothes.

Do not wear message shirts.

Don't chew gum, smoke, or eat.

Bathe and wash your hair.

Do not bring small children or your friends.

Go to court beforehand some day before you actually have to go to watch how things go.

Speak politely and deferentially. If you argue or dispute something, do it professionally and without emotion.

Ask the court clerk who you talk to about a diversion (meaning you want to plead to a different, lesser charge), if applicable in your situation. Ask about traffic school and the ticket not go on your record, if applicable.


Here are five stories that criminal court judges hear the most (and I suggest you do not use them or variations of them):

1. I’ve been saved! (This is not religion specific; folks from all kinds of religious backgrounds use this one.)

2. My girlfriend/mother/sister/daughter is pregnant/sick/dying/dead/crippled and needs my help.

3. I’ve got a job in [name a state five hundred miles away].

4. This is the first time I ever did this.

5. You’ve got the wrong guy. (A variation of this one is the phantom defendant story: “It wasn’t me driving, it was a hitchhiker I picked up. He wrecked the car, drug me behind the wheel then took off.”)

https://forum.freeadvice.com/showthread.php?p=854687#post854687

Public defender’s advice

http://newyork.craigslist.org/about/best/sfo/70300494.html


Other people may give you other advice; stand by.

 

[TWood]

Thanks again seniorjudge.

 

[seniorjudge]

Thanks again seniorjudge.

You are welcome.

 

[CdwJava]

Unless the officer had manually activated the camera or he had activated his emergency lights, chances are the video shows nothing of the reason for the stop. The vast majority of cameras in police cars activate in the previous two ways and do NOT operate all the time.

So, unless he had his emergency lights activated when you committed the offense, it will almost certainly not show the offense on any video.

But, it shouldn't hurt to ask for it. Just don't count on getting anything useful from the tape ... IF a tape exists.

- Carl

 

[TWood]

Thanks for the info CdwJava. If what you say is true (seems logical that it would be), then I am probably out of luck.

 

[CdwJava]

Thanks for the info CdwJava. If what you say is true (seems logical that it would be), then I am probably out of luck.

It still won't hurt to ask ... AND, there are SOME systems out there that do record continuously to a hard drive over an entire shift; and though I don't know of any agencies that field these in patrol cars, it does not mean that no agency does actually use them.

- Carl