united-states traffic
Can personal dashcam footage recorded by a third party be used for traffic violation enforcement?
<p>X is sitting at a red light (in the US). Another car (driver Y) behind X swerves around X to drive through the red light. X's vehicle has a recording dashcam which captures the license plate of Y's vehicle as well as showing the clearly red light. X sends the video of the incident to local law enforcement.</p>
<p>Is the dashcam evidence admissible in a traffic violation proceeding, and can the evidence be used to issue a ticket against Y?</p>
<p>I understand that this may be somewhat locale-specific, and various states do have policies regarding <a href="https://www.iihs.org/topics/red-light-running/automated-enforcement-laws" rel="nofollow noreferrer">use of video cameras for automated traffic enforcement</a>, <a href="https://www.blackboxmycar.com/pages/are-dash-cams-legal-in-my-area-dash-cam-laws-in-every-us-state" rel="nofollow noreferrer">use of dashcams</a>, and the <a href="https://www.jeremywanglaw.com/blog/uncategorized/dash-cams-are-they-acceptable-evidence-in-a-court-case/" rel="nofollow noreferrer">admissibility of dashcam footage in court</a> (generally provided by the defendant to prove innocence or police to prove guilt). However, the laws are somewhat imprecise regarding:</p>
<ol>
<li>What sources of video footage are admissible for traffic violation enforcement?</li>
<li>Can third-party tips and willingly-provided evidence of illegal driving be used to raise traffic violations? Perhaps in certain states?</li>
</ol>

<p>If a police officer reviewed the footage and then went out and issued a citation in person to the offender, this could probably be used. Many states limit tickets issued by mail based upon camera evidence alone. But, while some state laws have specific requirements, but in general, authenticated video recordings are admissible evidence in court proceedings, and a citizen complaint can be a basis for initiating a traffic offense prosecution.</p>
<p>To prove some offenses, like speeding, dashcam evidence of a third-party may not be very good evidence, but for running a red light or a stop sign, it could be powerful evidence.</p>

<p>Washington state law regarding citations for traffic infractions is governed by <a href="https://app.leg.wa.gov/rcw/default.aspx?cite=46.63&amp;full=true#46.63.030" rel="noreferrer">RCW 46.63.030(1)</a>
under 5 conditions:</p>
<blockquote>
<p>(a) When the infraction is committed in the officer's presence, except
as provided in RCW 46.09.485;</p>
<p>(b) When the officer is acting upon the request of a law enforcement
officer in whose presence the traffic infraction was committed;</p>
<p>(c) If an officer investigating at the scene of a motor vehicle
accident has reasonable cause to believe that the driver of a motor
vehicle involved in the accident has committed a traffic infraction;</p>
<p>(d) When the infraction is detected through the use of an automated
traffic safety camera under RCW 46.63.170; or</p>
<p>(e) When the infraction is detected through the use of an automated
school bus safety camera under RCW 46.63.180.</p>
</blockquote>
<p>The exception in (a) pertains to ATVs. There is no officer present in the scenario, and no accident. X's camera is not an <a href="https://app.leg.wa.gov/rcw/default.aspx?cite=46.63&amp;full=true#46.63.170" rel="noreferrer">automated traffic safety camera</a> or school bus safety camera. So the officer is not authorized to issue a ticket, in Washington.</p>
