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Dashcam as Evidence

  • 30-01-2015 4:18pm
    #1
    Registered Users, Registered Users 2 Posts: 2,063 ✭✭✭


    Mods, if not right forum ....apologies.
    This is just a scenario I was thinking about but thought it would be wise to be prepared in case it came about.


    Suppose you were involved in an accident and you felt sure your dashcam footage would prove it was not your fault. Suppose the Gardai were present, would you mention the cam? Would you give the data card to them if requested?
    Would you tell others involved that you had footage?
    Or would you wait and review footage before declaring it?

    just wondering if anybody was faced with this situation?


Comments

  • Registered Users, Registered Users 2 Posts: 84,764 ✭✭✭✭Atlantic Dawn
    M


    I'd make a copy and give them the card.


  • Registered Users, Registered Users 2 Posts: 2,072 ✭✭✭sunnysoutheast


    Cerco wrote: »
    Mods, if not right forum ....apologies.
    This is just a scenario I was thinking about but thought it would be wise to be prepared in case it came about.


    Suppose you were involved in an accident and you felt sure your dashcam footage would prove it was not your fault. Suppose the Gardai were present, would you mention the cam? Would you give the data card to them if requested?
    Would you tell others involved that you had footage?
    Or would you wait and review footage before declaring it?

    just wondering if anybody was faced with this situation?

    If I am ever in this situation I would not volunteer the fact that I had a camera at the time of the accident. It is easy to imagine the scenario of the party who knew they were in the wrong trying to grab it before the Gardai arrive.

    I would not hand over the card until I had made several copies of the relevant files. I am sure I read somewhere (although I stand to be corrected) that Gardai can not seize the dash cam footage as evidence at the time.

    I would use the footage/stills to supplement any statement I made to the Gardai and insurance companies.

    Once the footage is handed over I would assume it's up to the Judge about whether it is allowed as evidence.

    Interesting thread idea!


  • Registered Users, Registered Users 2 Posts: 13,984 ✭✭✭✭joujoujou
    Unregistered Users


    Cerco wrote: »
    [...] Would you give the data card to them if requested?
    Would you tell others involved that you had footage?
    Or would you wait and review footage before declaring it?

    [...]

    I would show it to my solicitor first.


  • Registered Users, Registered Users 2 Posts: 5,193 ✭✭✭Cleveland Hot Pocket


    As above would not make any mention before making my statement to AGS, and contacting the other party's insurer/


  • Registered Users, Registered Users 2 Posts: 1,830 ✭✭✭Jonty


    joujoujou wrote: »
    I would show it to my solicitor first.

    It'd be more likely to be used in a civil action than a criminal case.


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  • Closed Accounts Posts: 3,267 ✭✭✭visual


    Only if a judge allowed it as evidence and knowing how easy it is to edit doctor or change video it's a big ask and objections from other side will carry a lot of weigh. Including why is the video being produced after the fact.

    Is the video water marked, time stamped, original recording (not a copy) securely stored compliant to all laws including data protection.

    professional cctv systems can have difficulty being admissible as evidence. A cheap dash cam with unsecured recordings on flash disk with little more than a questionable time and date stamp isn't proof of anything.

    It's why judges don't rely on video evidence as it's too easy to dispute other evidence like crash reports and witness statements is what a court will rely on for conviction.


  • Registered Users, Registered Users 2 Posts: 853 ✭✭✭edburg


    For it to be used as evidence I think you have to make 3rd party aware.

    i.e Garda may want to view if possible at time they most likely tell 3rd party. You most likely find the 3rd party stand down and should they not at later date you will in mean time have time to save copies for yourself, insurance garda if a court case needed.

    Say it be a rare occasion that it go as far as court.


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