Dash cam - evidence

sleepymans
sleepymans Posts: 902 Forumite
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edited 16 May 2018 at 3:46PM in Motoring
Just a hypothetical issue springs to mind....
I have a dash cam which records onto a micro sd card.

I am stopped by police who allege a minor motoring offence such as speeding or running a red light or crossing a double white line.
Can the police seize my sd card as evidence against me? Can I use it as evidence in my defence?
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  • ohreally
    ohreally Posts: 7,525 Forumite
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    If it's incriminating press the format button, if it mitigates use it for your benefit.
    Don’t be a can’t, be a can.
  • AndyMc.....
    AndyMc..... Posts: 3,248 Forumite
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    sleepymans wrote: »
    Just a hypothetical issue springs to mind....
    I have a dash cam which records onto a micro sd card.

    I am stopped by police who allege a minor motoring offence such as speeding or running a red light or crossing a double white line.
    Can the police seize my sd card as evidence against me? Can I use it as evidence in my defence?

    Neither of those are minor offences, all are endorsable and will put points on your licence.

    Your dash cam will probably to assist in a minor offence such as a blown parking light bulb.
  • Merlin139
    Merlin139 Posts: 6,856 Forumite
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    I provided the police with my SD card from my Dash cam of an accident as a witness. No involvement in the accident. When it was returned to me after the incident the office that had viewed the footage stated that previous footage he had looked at on the card had come close to dangerous driving. His words were that any footage may well help me in an accident but it could also be used to prosecute me. His tip was to improve my standard of driving or remove the Dash cam!

    I took his advice and have improved my driving.
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  • TonyMMM
    TonyMMM Posts: 3,379 Forumite
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    sleepymans wrote: »
    Can the police seize my sd card as evidence against me? Can I use it as evidence in my defence?

    Yes to both.
  • Car_54
    Car_54 Posts: 8,212 Forumite
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    TonyMMM wrote: »
    Yes to both.

    Are you sure about seizure? Remember the OP is asking about a minor motoring offence.
  • TonyMMM
    TonyMMM Posts: 3,379 Forumite
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    edited 16 May 2018 at 5:35PM
    Car_54 wrote: »
    Are you sure about seizure? Remember the OP is asking about a minor motoring offence.

    Powers of seizure under S19/20/23 of PACE should cover it .... refers to any offence.

    So it could be seized, but not necessarily would be ( and most probably wouldn't be in any minor case) ...but the option is there for more serious infringements.
  • Nasqueron
    Nasqueron Posts: 8,809 Forumite
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    Merlin139 wrote: »
    I provided the police with my SD card from my Dash cam of an accident as a witness. No involvement in the accident. When it was returned to me after the incident the office that had viewed the footage stated that previous footage he had looked at on the card had come close to dangerous driving. His words were that any footage may well help me in an accident but it could also be used to prosecute me. His tip was to improve my standard of driving or remove the Dash cam!

    I took his advice and have improved my driving.

    Guessing it would be better just to put the file on a CD for them! I have one on my car and on my bike helmet and have provided the footage to a car owner once in the event of an accident but only gave them the file. Would prefer not to have plod poking through my driving footage even though it's probably better than my cycling footage - though they could send tickets to all the drivers I catch jumping red lights I suppose
  • AndyMc.....
    AndyMc..... Posts: 3,248 Forumite
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    TonyMMM wrote: »
    Powers of seizure under S19/20/23 of PACE should cover it .... refers to any offence.

    SO it could be siezed, but not necessarily would be

    How do they get inside your car to exercise said powers?
  • Car_54
    Car_54 Posts: 8,212 Forumite
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    ohreally wrote: »
    If it's incriminating press the format button

    That sounds a lot like encouraging or assisting the perversion of the course of justice, which is itself a crime.
  • z1a
    z1a Posts: 2,522 Forumite
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    Merlin139 wrote: »
    I provided the police with my SD card from my Dash cam of an accident as a witness. No involvement in the accident. When it was returned to me after the incident the office that had viewed the footage stated that previous footage he had looked at on the card had come close to dangerous driving. His words were that any footage may well help me in an accident but it could also be used to prosecute me. His tip was to improve my standard of driving or remove the Dash cam!

    I took his advice and have improved my driving.

    Does it show who's driving? I doubt it, so how could it be used to prosecute you?
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