Witness / Dash Cams & The Law

by TTWpartners

Is it ok to film people on the road without their knowing?
There’s no invasion of privacy if you are filming in a public place, so using a dashcam on the road is perfectly legal.

Is the footage admissible in a court of law?
Yes. But you should resist, say, uploading the accident footage to You Tube because if the incident subsequently became the subject of litigation, that might affect the outcome of the case.

What will happen if i have to use a video as evidence?

The person who was present when the video was taken will have to come to court to be questioned about how it was made and to confirm it hasn’t been tampered with. In practice, videos can provide vital evidence when working out exactly what happened in an accident. We often see cases where the existence of a good video helps brings about an early settlement.

Can my own dashcam footage be used against me as evidence?

The court requires the parties involved in litigation to produce all evidence in their possession, whether favourable to their claim or not. A dashcam video that indicates you were at fault certainly could be used by the other party against you. If you delete the video an adverse inference could be dran from that act.

Ref from Sunday Times – Driving article
Susan Brown, director at city law firm prolegal

 

 

 

A Northampton man has been found guilty of dangerous driving, after being filmed on another motorists in car camera

by TTWpartners


A Northampton man has been found guilty of dangerous driving, after being filmed on another motorists in car camera

This is thought to be the 1st time that video evidence of a traffic offense has been filmed by the member of the public. The film has been used by Northamptonshire Police to get a conviction in Northamption court.

The person convicted is 48 year old Adrian Maynard – he received a 12 month disqualification with a mandatory re-test due to the camera’s evidence & 40 hours of unpaid work.

Please read the full article here:

A truck driver could lose his licence after he was captured on a hidden in-car camera driving dangerously while on a Northamptonshire road.

Adrian Maynard, aged 48, of Springwood Court, Northampton, was yesterday convicted of dangerous driving after he was taped swerving to overtake on the A508, near Stoke Bruerne.

He was captured on film by the driver he was overtaking, who had a secret camera attached to the windscreen. The device was recording the road ahead of him.

The landmark conviction is a first for Northamptonshire and is believed to be the first of its kind in the UK. It could open the door to thousands of similar prosecutions.

Northampton Magistrates’ Court heard Maynard was driving along the A508, towards Northampton, at about 2.30pm on Sunday, May 27, last year, when he caught up with a line of slow moving traffic.

He then swerved into the oncoming lane, crossing two solid white lines to overtake, before veering back into his lane between two bollards.

A clip of the manoeuvre was played in court.

Maynard admitted he was driving the Vauxhall Tigra on the day but denied the overtaking manoeuvre was dangerous.

Magistrates, however, convicted him of dangerous driving and disqualified him from driving for 12 months. He was also sentenced to 40 hours of unpaid work. Maynard, who told the court he is an agency driver who drives 7.5 tonne trucks for a living, told magistrates he will appeal and the sentence was suspended pending the outcome of any appeal.

Maynard has until March 27 to appeal the ban.

A FIRM that promotes the use of hidden car cameras has said there are now “tens of thousands of the devices” in use in the UK.

The landmark conviction of Adrian Maynard for dangerous driving yesterday came after PoliceWitness.com supported his prosecution.

The firm’s chief executive Matt Stockdale said: “This is a huge landmark. For a member of the public to bring a successful prosecution is absolutely huge. There are fewer and fewer police officer on our streets but this just goes to show you, or I, can make a difference.”

the original article can be found here