Unusual Speeding Ticket (Modesto, CA)

[ariccastro94]

What is the name of your state (only U.S. law)? California

Okay, here's the situation:

I was driving home from going to the local auto parts store, about halfway home I got into a verbal altercation with someone who was tailgating me. Just as I was entering my vehicle a local police officer noticed me entering my car. I continued driving home, about one mile away from where the officer noticed me to where the traffic stop occurred. The officer initially detained me on suspicion of vandalism. Fortunately the individual I got into an altercation with had left the area before another officer could locate him, so I was not charged with anything. I also enforced my 5th and 6th amendment rights so I did not admit anything that could incriminate myself. The end result from this was a speeding citation of 50 MPH in a 25 MPH zone.

The problem is that from where the officer spotted me, he had to drive nearly twice as far to catch up to me, so I think he wrote the speed he was traveling to get me on a speeding violation. He did not catch me on radar or laser.

I know for a fact I was not going that fast because the area I was driving in was residential, and it was raining outside. Plus once I noticed the officer I drove as careful as I could because I had a strong feeling I would get pulled over anyway. But unlike most people I had a dash cam running during the whole incident, from the moment I left the parts store until I was pulled over and left my vehicle. As soon as I was home I sealed the memory card in an envelope and locked it in my safe.

I know I could use the video to clear this speeding ticket but there are a few problems with this.

So here are my problems:
1. There is audio of the altercation in the video, the altercation occurred off screen.
2. The time stamp on the video is inaccurate and does not have the correct date or time on it.
3. There are possible other traffic violations that I may have committed (not stopping at a limit line, driving down the wrong side of the road)

So the questions I'm hoping to get answered are:
1. Can I use the video from my dash cam in traffic court?
2. Do I have to play the entire video from start to finish in traffic court or can I just play the section that shows where I was supposedly speeding?
3. If I use the video from my dash cam can the audio from the altercation get me brought up on charges?
4. Can the video be used as evidence to bring me up on other traffic violations?
5. Is the video even admissible with the incorrect time/date stamp on it?
6. Is there anyway I can use the video to support my innocence (like calculating my speed using the video) without presenting the video?

This is a very delicate situation and I am hoping for the best possible outcome in my favor

 

[Zigner]

Forget the video - you acknowledge that it's not even dated the same day as the stop.

 

[HighwayMan]

I know for a fact I was not going that fast because the area I was driving in was residential, and it was raining outside.

None of that is a reason for you to know for a fact that you were not speeding.

 

[Jim_bo]

First, you do not authenticate a video with a date/time stamp. That can be set to anything. You authenticate the video with your testimony. It is up to the court to decide if it is trustworthy and it is up to the prosecution (for which there will be none) to object to your authentication.

Second, you are charged with speeding. You are not charged with the other offenses. You should defend yourself against the charge that is before the court… not the one that MAY appear. This is my opinion… your comfort with that may vary.

If the cop did not use radar or lidar, then your speed must be established by pacing or by visual estimation. This is not good for you as it will come down to your word against the cop’s… for which you will lose. But you have this dash cam video. So, what is in it? Does it show your actual speed? If not, how can you establish your speed with the video? Also… you don’t need to show any of the video other than the part that shows you at the location of the infraction listed on the ticket. Like I said, I’m just not sure how you are going to interpret speed from the video.