Can Traffic Cameras Give Tickets
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Tin Police Issue Traffic Tickets Based on Merely a Video Recording My question involves a traffic ticket from the state of: Whatever
I grew upwards under the impression that in gild for a LEO to cite a motorist for a moving violation, he/she had to actually witness the infraction. Now I am hearing of cases where the LEO did non encounter the infraction commencement mitt, but issued a summons later on the fact, once video of the infraction was presented. I am nevertheless, not sure of the legitimacy of these claims.
So, OOC, can a LEO write a ticket based solely on video evidence?
- Re: Can a Leo Write a Ticket Based Solely on Video Evidence
That depends on the particular criminal offence and the applicable state laws. Even so, in most cases if the video shows enough to conclude that there is likely crusade that the person committed an law-breaking the person may be arrested or cited for that offense. As that applies to motor vehicle moving violations, a video would not ordinarily be much assist in a speeding citation, but could exist sufficient to prove, say, a failure to stop a stop sign or cease light. Indeed, many cities run red calorie-free photographic camera systems to generate tickets for running scarlet lights.
- Re: Can a Leo Write a Ticket Based Solely on Video Evidence
As long as yous don't care well-nigh specifying a country, I will tell you that in New York a traffic ticket may be issued "upon information and belief" and does not have to occur in an officeholder'due south presence.
- Re: Tin a Leo Write a Ticket Based Solely on Video Prove
I took your "upon data and belief" and used that equally a search term. I didn't have anything to use before.
Officeholder's Statements, Upon Information and Conventionalities, Bereft for Traffic Crime – NY VTL Traffic Criminal offense Dismissed
http://crimlawli.com/officers-statem...nse-dismissed/
There is too much legalese in that art for me to fully empathise information technology, simply it would appear as tho in NY, a traffic ticket may NOT be issued "upon information and conventionalities"... unless I am missing something.
- Re: Can a Leo Write a Ticket Based Solely on Video Evidence
Yes, you are missing something. It is more difficult to prosecute a ticket written upon the information and belief of the officer, the law does allow for it. Writing a ticket upon evidence other than directly observation is how nearly crimes prosecuted in the country originate. The state must submit prove to back up the charge. That is not a bar to prosecuting the accused.
- Re: Can a Leo Write a Ticket Based Solely on Video Evidence
Many people believe that officers in California may only cite for crimes committed in their presence and that the commendation must be issued contemporaneously in time and location to the offense. Yet, there are many exceptions. To name merely a few, officers with certain preparation in accident investigation may issue citations to at fault drivers involved in accidents for violations they did not witness. An officeholder who did non witness a violation may issue a citation on behalf of another officer who did witness it. Officers in jails may cite release prisoners for violations they never witnessed. Juveniles may exist cited for crimes not witnessed past the officer. Citations may be issued from cerise lite cameras. At that place is a long listing of exceptions and circumstances governing those exceptions.
- Re: Can a Leo Write a Ticket Based Solely on Video Evidence In plain English the court stated it is not enough for an officeholder to merely say something like "Upon information and conventionalities Mr. Jones failed to come to a complete cease at the stop sign at fourth and main streets." Rather, the court said the officer must draw the evidence he or she reviewed that was the basis for the information and conventionalities that Mr. Jones failed to cease at the light. That might be that the officer viewed a video of a vehicle registered to Mr. Jones and driven by someone matching the appearance of Mr. Jones going through the intersection without having fabricated a complete stop at the stop sign. This is not a remarkable case decision; the state has to state the show that supports likely cause to proceed with a prosecution. The officer but proverb "I know he did it" isn't going to cut information technology. The case does non represent the idea that the officer has to personally witness the violation. It simply means that the officer had sufficient evidence available to conclude there was probable crusade to belief the defendant committed the offense.
Quoting riffwraith
At that place is besides much legalese in that fine art for me to fully sympathise information technology, merely it would announced as tho in NY, a traffic ticket may Not be issued "upon information and conventionalities"... unless I am missing something.
- Re: Can a Leo Write a Ticket Based Solely on Video Bear witness
The answer to your question would seem pretty obvious. You lot say that you are �hearing� of incidents where citations are being handed out. You may �doubt the legitimacy� of what y'all accept heard, but I can assure y'all from firsthand experience that information technology happens. Contrarily, your enquiry (and your follow-up post strongly implies that you HAVE washed research) has found no appellate court stance that the practice is not immune. Now, if police had no legal authority to event the citation, don�t you recall that some enterprising young (or lazy old) attorney would take already appealed it, every defense attorney would know about it, and cops would cease doing it or go along getting constantly sued?
The one case you cite only says that the �information and belief� presented in that specific case was insufficient to back up conviction. It does not, in any way, support the notion that the officeholder had no legal authority to cite.
Asking legal questions nigh the �state of: Whatsoever� is normally an exercise in futility as statutes vary greatly from state to state. For example, the statutes in my country (WA) DO specifically state that constabulary can only cite for traffic infractions committed in their presence. Note, that does not mean that the officeholder has to Encounter the infraction committed, but that information technology was detectible by any of the senses � theoretically, an officer could aroma a traffic infraction being committed (no, I have no idea how that could actually happen in existent life). Nevertheless, the statute besides lists
exceptions to the �in their presence� rule. For example it is immune when a standoff has occurred or when reviewing video from traffic enforcement cameras. An officer could not effect a cite subsequently viewing some other video source, such as from a shop security photographic camera. That being said, fifty-fifty if the officeholder was barred from issuing the cite, the incident could be forwarded to a county or municipal prosecutor�s office and the prosecutor could file the accuse.
- Re: Tin a Leo Write a Ticket Based Solely on Video Evidence Exactly! There is no single respond that would be correct in the state of Whatever. Quoting PTPD22
Asking legal questions most the "state of: ANY" is usually an practice in futility as statutes vary greatly from state to state...
Source: https://www.expertlaw.com/forums/showthread.php?t=226885
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