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Video camera evidence

Discussion in 'Politics, Laws, Government & Insurance' started by TheSav, Apr 4, 2008.

  1. Here's what I'm wondering.
    1) If I was pulled over by a police officer and they spotted my bike camera are they allowed to look at the footage or do I have a right of refusal?

    2) If they do look at the footage are they able to book me for speeding, (I don't record the speedometer), by using distance over time?

    3) If I don't set the time and date on the recording device, how could they prove that A) It was done on the day and 8) that I was the rider in charge of the vehicle at the time?
  2. You can and should refuse. The law allows police to do a plain view type check / search of a vehicle (eg: if they saw drugs), but this goes way beyond that.

    Nope. It's evidentiary use would be at best debateable. IF however it contained footage of an accident, wheelies, other criminal behaviour, they could subpeona it as evidence.

    It would be difficult to use for this.
  3. On the subject of on-board cameras, someone told me the Police were considering the issue of fines for mounted cameras. :shock:
    Anyone else hear something similar?
  4. I'd be very interested to know how they proposed to do this..
  5. Its not exactly clear to me how a camera is a threat road saftey..... But then, I can't understand the point of a whole swag of road rules. :roll:
  6. would put an interesting spin on the legality of reversing cameras...
  7. on the other hand could the video be used against an officer?
    say for example if an unmarked chaser was tailgating dangerously to try to encourage you to speed and the rear facing camera got the footage.
    ive heard of cops doing this numerous times.. :evil:
  8. I cannot speak for others, but I have never encouraged any person, nor needed to enccourage others to breach the rules. There's plenty of good fishing out there without having to lay a chum line (so to speak!).
  9. I've had 2 cops try to "bait" me into speeding.
    I nailed it both times, made some room and then gestured for them to pass.

    They were utterly disapointed.
  10. :-k Umm..you think travelling in the RH wheel track, in the LH lane at the speed limit on a freeway (leaving plenty of room to overtake on the left, isn't baiting?
    Oh well!
  11. I believe the bolded part says it all - if the RH lane was free, they had no excuse to overtake on the left... and travelling at the speed limit, why would they need to overtake?
  12. Grey Gentry,

    First, I was on my own bike, and being in the left lane at the speed limit in the right hand wheel track places me in the best position to be visible to as many other road users as possible. Also, if someone decides to move from the centre to the left lane whilst beside me, I can veer to the left to escape being hit.

    In the circumstances, it was the safest place to be on the road, as taught to me. I was passed by idiots who don't care about the safety of others.

    You go ahead and sit in the middle of the lane and pick up all the oil and crap, I'll go where I know I'm safest.
  13. +1 for that. Travelling at the speed limit in the LH lane is being perfectly reasonable - not provocative.

    When police first started using unmarked cars many years ago they'd always try and provoke a reaction from bikes and more sporting type cars. Generally it happens a lot less these days (although there's always going to be the occasional pr1ck that will try it on).

    Best thing if someone tries it on is to do what vic said - get up to the speed limit quickly and then let them go past. That's even more effective if it's "normal" hoons and not cops. When you know that even a 250 will beat 99% of them up to the speed limit (or beyond) why bother to race them.

    As for banning cameras. Why would they- as long as idiots film themselves and put it on YouTube there's a rationale to ask for more resources to stop all these dangerous motorcyclists.
  14. Hey guys..lighten up...I was joking. I could just see the irony in that event.
  15. Say, you were booked for speeding by a speed camera. At the time you had your video camera on and recording. Then you decide to challenge it in court.

    Now, would the magistrate accept your video as evidence to contradict that of the speed camera? (or indeed, the evidence of a real live human police person?). If the answer is no, then how could they, in all fairness, use this same "evidence" against you?
  16. In the instance you mention I would say that it would be justafiable to use as evidence in defense if the appropriate date, time and speedo were in view. And so I guess vice-versa.

    I simply wanted to know if an officer had the right to view the footage and the repurcusions of that.

    I don't use my camera to record myself being a Ghostrider wannabe or anything of that nature. I just record a few nice rides to send to mates interstate and overseas so that they can see the glorious roads we have here in the hope of enticing them down for a ride.
  17. doubt it because you can't prove the time of the offense and match it to the camera. (you could have gone back later and recorded the video - problems of getting fines in the mail many weeks later - besides, the storage cost of that much recording space would be greater than the odd fine! ;)

    Pulled by a cop and you ask them on the spot to acknowledge the tape (or at least have the cop who pulled you in the picture, then yes, I don't see why you would have a problem having it as proof in court.
  18. But do you always respect size limits? :p
    I know I'll keep the occasional tiddler if I haven't caught a big one....