Failure to yeild for an emergency vehicle

[loehlke]

What is the name of your state (only U.S. law)? Indiana, I was cited for Failure to yield for an emergency vehicle. Am I entitled to receive a copy of the officers' dash cam video?

 

[Zigner]

What is the name of your state (only U.S. law)? Indiana, I was cited for Failure to yield for an emergency vehicle. Am I entitled to receive a copy of the officers' dash cam video?

What makes you think there was a dash cam video?

 

[CdwJava]

You can ask for a copy of any video through proper discovery. But, if there was no video, then what?

 

[HighwayMan]

Even if there was a video system in the car, it usually is not activated to record the violation.

If the unit is digital and has pre-event recording it still may not have caught the actual violation. The video is there primarily to record the officer's interactions with violators, although it can obviously be used to make a record of violations.

 

[loehlke]

I was stopped by one officer as I passed another officer that had another car stopped. I was originally being stopped for a license plate light violation. As the patrol car approached me with no flashing lights he stayed off of my left corner as we approached the other officer. I wasn't sure if he would be passing me or not. I waited until, apparently too late to signal and swerve away from the stopped patrolman. I tried to explain my situation and was interrupted by the officer stateing that he had in on his video.

 

[racer72]

I saw something relevant to a situation like this a few weeks ago. The defendant made a discovery request for the dash cam video, he allegedly rolled through a stop sign, claimed he did not to the officer and the officer stated he had it on video.

He asked that the ticket be dismissed based on the fact he did not receive the video. The prosecuting attorney stated that a video was not submitted as evidence and that the officer cited the individual based personally witnessing the violation.

The judge asked the guy if he had anything else as a defense and the guy said no. The judge denied the dismissal request and gave the defendant one of two options, accept the ticket with a reduced fine or a reduction to a non moving violation and pay the fine. He took option 2. The judge then asked the defendant why he did not subpeona the officer. He said he didn't think it would help. The judge said if the officer stated in court he made a statement about the video during stop, he would have dismissed the ticket.

If the officer does not submit the video for evidence, you may have the same issue on your hands. An advantage you may have is officers are required to appear in court in your state, they don't in mine.

 

[justalayman]

what was the actual code section you were cited with?

 

[loehlke]

No code listed on ticket. Found out today that fine is 140.00.