Automotive

How to properly utilize Dash Cam Footage?

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  • Jul 2nd, 2013 2:43 pm
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[OP]
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How to properly utilize Dash Cam Footage?

There are quite a few threads on where to buy cheap dash cam. But very little result from Google regards to court cases concerning Federal or Provincial laws...also, realistically how to take full advantage of the footage (of yours or the other party’s), or prevent it being used for other’s advantage,

I think people uses dash cam for following purposes:
- Defend against wrongful police charges
- Defend against staged car accidents
- Clarify responsibility for not at fault accidents

But can the footage be subpoenaed against the operator in anyway? a.k.a. double edge sword, shooting self in the foot.

For instance, it’s good idea not to use your smartphone as the in-dash cam. Or, conceal the dash cam so the other party would have no knowledge up until you decided to use it? or can the other party challenge the evidence and sue you for tainting the evidence?
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Deal Fanatic
Jun 17, 2013
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what do you mean by tainting the evidence?

For court, there is a "discovery" which is where you can bring up the video. Both sides can use the evidence to my understanding, if they choose to enter it as a piece of evidence. Also, you must be able to prove it is proper evidence (cannot remember the requirements) but it is up to both parties AND the judge to allow it (judge essentially has final say).
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Aug 10, 2011
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Send to insurance company as evidence of non-fault for accidents that happen on private property or public roads.

Oh and of course, post on Youtube as "evidence" of "wrong-doing" by YRP. :confused:
:confused:
[OP]
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So if the other party requested the footage to favor their case and you brought your dash cam to court and there was no footage, (for whatever reason, the record button was not triggered or was not operational), the dash cam could not be admitted as evidence, correct?

If so, the dash cam will only work for the operator, not against.
[OP]
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neverhaveiever wrote:
Jul 2nd, 2013 1:17 pm
what do you mean by tainting the evidence?
Sorry, tainted was the wrong term.

If one recorded using smartphone and it was admitted as evidence, one would lose the phone to the court.

Further, if the phone was admitted as evidence and the other party could still challenge that it has been tempered , if they proved it was used as a phone after the scene.
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iEyeCaptain wrote:
Jul 2nd, 2013 1:21 pm
Send to insurance company as evidence of non-fault for accidents that happen on private property or public roads.

Oh and of course, post on Youtube as "evidence" of "wrong-doing" by YRP. :confused:
Yes in this case, we should still make sure the other party cannot challenge the footage as evidence in any way. Due to lack of court cases (or to my ignorance), I cannot confirm this as fact.

This is really a $500 question, I think most lawyers can write this up as one memo.
Deal Fanatic
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You would save the video on dvd in dvd format. You do not submit the phone, you submit the video.
LongLiveRFD wrote:
Jul 2nd, 2013 1:41 pm
Sorry, tainted was the wrong term.

If one recorded using smartphone and it was admitted as evidence, one would lose the phone to the court.

Further, if the phone was admitted as evidence and the other party could still challenge that it has been tempered , if they proved it was used as a phone after the scene.
EDIT:

As above, you would submit a video of it.

It can be used against you like this: You think you are not at fault of an accident. The video shows you were speeding. You thus are proved to be at fault or partially at fault due to speeding as in your video.

It can go both ways. Just like any witness can go both ways. Even if you think your witness will help you in court, they could end up discrediting you.
So if the other party requested the footage to favor their case and you brought your dash cam to court and there was no footage, (for whatever reason, the record button was not triggered or was not operational), the dash cam could not be admitted as evidence, correct?

If so, the dash cam will only work for the operator, not against.
[OP]
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neverhaveiever wrote:
Jul 2nd, 2013 1:46 pm
It can be used against you like this: You think you are not at fault of an accident. The video shows you were speeding. You thus are proved to be at fault or partially at fault due to speeding as in your video.
Although a prosecutor may have to be present and have to lay the speeding charges separately and court at a separate trial/date. I am not sure if police can lay charge without eye witness and only evidences.

Once admitted the footage are just like any other evidences, I agree, and it will be up to the lawyers how to play it and whether or not to enter it if the footage contained too much extra or excess information.
Deal Fanatic
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You may have misunderstood.

What I meant was this:

Someone hits you and you sue them for damages. You bring the video to court. The court rules in their favor because YOUR video showed you speeding and determines that was a huge factor of the accident.
LongLiveRFD wrote:
Jul 2nd, 2013 2:26 pm
Although a prosecutor may have to be present and have to lay the speeding charges separately and court at a separate trial/date. I am not sure if police can lay charge without eye witness and only evidences.

Once admitted the footage are just like any other evidences, I agree, and it will be up to the lawyers how to play it and whether or not to enter it if the footage contained too much extra or excess information.
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neverhaveiever wrote:
Jul 2nd, 2013 2:31 pm
You may have misunderstood.

What I meant was this:

Someone hits you and you sue them for damages. You bring the video to court. The court rules in their favor because YOUR video showed you speeding and determines that was a huge factor of the accident.
I stand corrected again :) .

So far just by deduction it seemed video is no different from any form of evidence.

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