Speeding ticket, after the fact?

June 4, 2009 1:47 PM

HypotheticalLegalityFilter: If someone films or takes a picture of a car speeding (a civilian, not a traffic camera/police officer), can that footage later be used to issue a speeding ticket/some other fine or penalty?

For example, three teenagers take their dad's convertible for a joyride and videotape the event. They go way over the speed limit—95 in a 50, let's say—but they don't get pulled over.

A week later, the video is on YouTube. The local sheriff sees the video. Can he legally do anything about it?

Also, what about running red lights and stop signs?

I'm in Georgia, but I'm interested in the U.S. in general. Differences between states would be even better.

posted by reductiondesign to law & government (13 comments total)

I know there have been cases of kids videotaping themselves breaking and entering where the video was used as evidence against them...I don't see why this would be any different.

Admittedly, IANAL.
posted by JaredSeth at 2:09 PM on June 4

For example, three teenagers take their dad's convertible for a joyride and videotape the event. They go way over the speed limit—95 in a 50, let's say—but they don't get pulled over.

A week later, the video is on YouTube. The local sheriff sees the video. Can he legally do anything about it?

This exact scenario happened in the UK.

In the US I don't know of any cases where traffic laws specifically were proven using video or photos, but it happens all the time for other crimes. Footage from security cameras can be used to find and prosecute robbery suspects, footage taken by a bystander during a street fight can be used to charge people with battery, etc. I wouldn't see any reason why breaking traffic laws would be any different. It's probably more of a question of if police would be willing to spend time investigating and prosecuting someone in such a case.
posted by burnmp3s at 2:11 PM on June 4 [1 favorite]

I imagine there would exist a difference because violation of a traffic law like this doesn't hurt anyone or anything. There are no medical bills to pay or merchandise to recover, etc. Also, minor violations like this typically carry a fine as opposed to an actual charge.
posted by reductiondesign at 2:23 PM on June 4

I can imagine a number of issues of proof that could cause problems for a prosecutor, depending on the content of the video. Was the video taken in their jurisdiction? Can you clearly make out the driver? When did this really occur - past the statute of limitations?
posted by exogenous at 2:33 PM on June 4

Mario Williams didn't get cited for doing it, your mileage (per hour) may vary.
posted by IanMorr at 3:15 PM on June 4

Hypothetically speaking [I Am Not Your Lawyer-Filter]: In the robbery example upthread, authorities would already know that a crime had been committed, and any later-discovered video footage would simply add to the evidence that authorities already had. In the OP's question, authorities likely do not know that traffic laws have been violated, so this video footage would probably constitute the entirety of their evidence. Is that enough to result in a citation/conviction for the driver(s)? Possibly...but it seems rather unlikely that authorities [who did not witness the actual violation/cannot state with certainty that the video is an accurate, factual depiction of a violation occurring by an identifiable driver and/or licensed vehicle in this jurisdiction, etc.] would be motivated to go through the trouble...unless there were more to this story. That said, if the teens in the video were identified or identifiable by name, then making this video public could open them up to other problems beyond getting a speeding ticket.
posted by applemeat at 3:45 PM on June 4

"other problems beyond getting a speeding ticket" Indeed.

The odds are fairly good that a brag vid on YouTube will come to the attention of those teen's parents. Particulary the parent whose car it was.
posted by reflecked at 5:08 PM on June 4

It's still breaking the law. If a cop/sherrif/whatever is bored enough, and there's enough evidence on the tape (to identify the vehicle, the speed being travelled, and the driver) then I don't see why they wouldn't prosecute.

Also, this:
...violation of a traffic law like this doesn't hurt anyone or anything. ... minor violations like this...
..results in thousands of dead people every year. Some of them even the driver of the car. Speeding kills, attitudes like this don't help keep people alive.
posted by coriolisdave at 8:39 PM on June 4

A practical issue: from the video how would you determine the speed? Was the camera focused on the speedometer? Or maybe you could measure the elapsed time between two points ?
posted by Kevin S at 9:36 PM on June 4

Remember the Green Lantern trailer in the blue a while back?

I'm thinking you'd have to be really bored and really hopeful that it wouldn't occur to the teens in question to say something like, "Oh, I put that together with some software I found on the internet."
posted by Kid Charlemagne at 9:43 PM on June 4

Something similar, albeit waaaay extreme (~220 mph, not 95 mph), happened in Arizona. No idea how it ended up.

Also: KPHO[enix, I presume]? I want Vietnamese food now.
posted by thack3r at 10:20 PM on June 4

coriolisdave,

I'm not saying that traffic laws aren't important, or that they're only "minor violations" That was in comparison with other examples, like battery or theft. Battery/assault hurts people. In my speeding example, nothing bad happens—no one hurt. I imagine that one would meet harsher consequences after robbing a gas station than when confronted with a speeding ticket; hence, I called the traffic violations minor, in comparison.

Just making sure people don't get the wrong idea.
posted by reductiondesign at 12:31 AM on June 5

The odds are fairly good that a brag vid on YouTube will come to the attention of those teen's parents. Particulary the parent whose car it was.

Absolutely -- the police will go to the owner of the car (they'll have the licence plate) and then issues like theft of the car might become an issue, depending on how this stupid plan hypothetical scenario plays out.
posted by robcorr at 4:37 AM on June 5