Can you be charged after the fact? Dashcams and AI

[LawLady92]

Jurisdiction

California

Hello everyone,

I had a question about a scenario and figured this would be the best place to ask!
If someone is driving slowly, hogging the passing lane on a 4 lane road, (2 lanes either direction) and you pass them on the right, then switch lanes back to the left and come within a couple feet of their front bumper, if they have a dash cam can they send that footage to the police and can you be charged with reckless driving after the incident occurred? You did not cause an accident or hit their car, just came close.

This got me thinking...in this day in age where everything is recorded, cameras are almost everywhere, people have dash cams etc........where lies the line between real and fake?
if the person who got cut off sent this to the police, could the police actually charge the other offending driver? Even if the dash cam had a clear view of the offending driver, how do they actually prove who it is? What are the defenses, if any, that could be used by the "offending driver"? Could a defense be made that the dashcam does not accurately show distance and depth perception? Can you say that its a computer generated video? When is video evidence admissible in court and when....is it not? Does an officer have to witness this in PERSON for the driver to be charged? Is there a time frame after the incident where the "offending'' driver could be charged (ie statute of limitations). Lets say this happened in the great state of California.

As im sure is pretty obvious, I am not a lawyer. But my gut instinct says nothing will happen as nothing really happened at the time. Also, something like this might be a waste of time for the police. However, It got me thinking. Thank you all in advance!!!!

 

[Zigner]

No in California. I can't speak for other jurisdictions, however.

 

[LawLady92]

No to being charged?

 

[army judge]

if they have a dash cam can they send that footage to the police and can you be charged with reckless driving after the incident occurred? You did not cause an accident or hit their car, just came close.

I suppose in the state of "hypotheticals", anything is possible.

In the United States of America in anyone of her 50 states, our constitution and our laws of jurisprudence, every defendant has the RIGHT to due process.

If the purported traffic violation wasn't observed by a sworn law enforcement officer, as the commercial says, "It never even happened."

Why?

The video may display an event/occurrence, but it can't be cross examined on the witness stand.

Whenever you drive a motor vehicle, drive defensively, always obeying ALL traffic laws. Don't allow irresponsible drivers to bait you into a road rage incident, unless you don't desire to "arrive alive" or prefer to arrive having assumed room temperature.

 

[Tax Counsel]

The video may display an event/occurrence, but it can't be cross examined on the witness stand.

True, but the person driving the car with the dash cam may testify as to what he or she saw the defendant do and authenticate the video to make it admissible evidence. In that circumstance the video is supporting the testimony to add credibility so that it's not just a he said/she said kind of situation. With cameras being put up all over the place one can no longer assume that anything done in a public place won't get noticed because the person doesn't see anyone else around.

 

[LawLady92]

Thank you all for the replies! I really appreciate it! If no damage occurred, could one still be charged with reckless driving? Also, If I can pick your brains on one more thing, what would the SOL of this be in CA? Or put another way, is there a time frame where the alleged driver would have to worry about something coming of this? Thank you all so much again for the help!

 

[Tax Counsel]

Thank you all for the replies! I really appreciate it! If no damage occurred, could one still be charged with reckless driving?

In at least most states, including CA, the answer is yes.

Also, If I can pick your brains on one more thing, what would the SOL of this be in CA? Or put another way, is there a time frame where the alleged driver would have to worry about something coming of this? Thank you all so much again for the help!

In CA reckless driving is a misdemeanor offense with a statute of limitations of one year from the date the offense was committed, though there are circumstances that can extend that time, like being outside of the state while the SOL clock is running.

 

[LawLady92]

Thank you all for the replies! Well, this goes a long with what I was thinking, but I still figured it would be wise to ask an expert. I guess we live in a day and age where almost everything is recorded; and one should be aware of that and act accordingly. Thank you all again!