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Traffic Court Evidence

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clubgitmo

Junior Member
State of Alabama.


Quick question. For municipal traffic court, is it legal for the LEO's dash cam to be "reviewed" by the judge and a verdict issued after the officer and defendant appear in court? Ie - No dash cam evidence was submitted during the court session but was reviewed the by the judge days later and verdict issued.
 


tranquility

Senior Member
State of Alabama.


Quick question. For municipal traffic court, is it legal for the LEO's dash cam to be "reviewed" by the judge and a verdict issued after the officer and defendant appear in court? Ie - No dash cam evidence was submitted during the court session but was reviewed the by the judge days later and verdict issued.
It sure doesn't seem like it. Ability to confront one's accuser and all that. While there can sometimes be some odd evidence rules in traffic court and there may have been some technical "introduction" of the dash cam evidence without it being submitted during the court session, I agree this seems funny.

How did you know the judge reviewed the evidence at all? Did he say he was going to in open court during your trial?
 

clubgitmo

Junior Member
Thanks for the reply. The judge said during the court appearance that he would review the footage and issue a verdict within two weeks. Im attempting now to view the footage.

Also for a quick background. This municipality made national news last year with a corruption scandal before it was quietly swept under the rug. Very 'funny' things go on here quite often :rolleyes:
 

tranquility

Senior Member
I suspect it was technically introduced in court. Was there a person who came in and swore about the facts and circumstances of the introduction? (Something like, "I am Officer Steve and I certify this was from the dashcam of Unit 402 and covers the date of 1-1-11 at 11:11 am.) If so, it was introduced. Did you ask for it in discovery?
 

clubgitmo

Junior Member
This was the entire discussion relating to the dash cam:

Judge to Officer "Is there dash cam footage?"

To which the officer replied "There should be."

The judge then told me that he would review the footage and issue a verdict within two weeks.



I did not request the footage ahead of time. This is my first time fighting a ticket. Many things have been learned at least.
 

tranquility

Senior Member
That does not sound like proper foundation, but, what result?

If you saw the footage, would it have changed things? Or, would it just have been another thing to argue? This seems a bit of a wobbler as a judge has discretion on the evidence and the standard for foundation on admitting evidence like this is going to be pretty low. You would probably have to argue no reasonable judge would have found that adequate foundation to win on appeal.
 

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