Q: Trooper issued Reckless driving ticket to a white Corvette based on traffic camera footage.
The trooper did not witness violation in person, Trooper viewed MN-Dot Cameras. Also there were multiple white corvettes on the highway at that time. Trooper pulled over multiple white corvettes. Traffic cam footage was really bad. no way to identify exactly which corvette or driver. Will this ticket be dismissed?
A: There are two issues here: one is identifying the right vehicle. That depends on the quality of the traffic cam footage. The second issue is identifying the driver. That is likely going to be the stronger issue for you. I would certainly want to see the traffic cam footage if I were in your shoes.
A: Criminal and traffic charges are almost never dismissed, once filed, unless opposed. If the only evidence is camera recordings, the prosecution case is weak. But a prosecutor would be unlikely to dismiss without credible opposition from a defense attorney. From the facts presented in the question, the identification of the vehicle, and identification of the driver may be serious problems for the prosecutor.
A: You should certainly demand a copy of the video. If there is no other eye witness and the video quality makes it difficult to identify the car and/or the driver, the prosecution has quite the uphill battle.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
