Peninsula, OH asked in Traffic Tickets for Ohio

Q: Can I get a ticket from someone recording on a phone for reckless driving?

It was on a highway. No police was involved.

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1 Lawyer Answer
Matthew Williams
Matthew Williams
Answered
  • Criminal Law Lawyer
  • Cleveland, OH
  • Licensed in Ohio

A: If the police are given the video, they may well issue a ticket for reckless driving. It may be difficult for them to prove it was you driving. Charging you only requires probable cause. If you are the registered owner of the car, that's going to be enough to charge as it is probable that you were driving. But, they would probably need the witness at trial to say they recognize you to get over the reasonable doubt hurdle that pops up at that stage, and it's likely such testimony could be picked apart do to distance, speed, the difficulty of seeing through car windows, and the fact that the person was busy looking at their phone recording you.

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