Los Angeles, CA asked in Criminal Law for California

Q: my neighbor has recorded me speeding in the neighborhood. What can he do with these videos?

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3 Lawyer Answers
Dale S. Gribow
Dale S. Gribow
Answered
  • Criminal Law Lawyer
  • Palm Desert, CA
  • Licensed in California

A: probably nothing...........however, i am certain now that he was brought your attention to your speed, you will be more mindful.

Will Morehead agrees with this answer

John Karas
John Karas
Answered
  • Criminal Law Lawyer
  • Temecula, CA
  • Licensed in California

A: The neighbor can take the video to the police. While it is unlikely the police will arrest you for speeding or exhibition of speeding since the offense(s) did not occur in their presence, they can send over a unit from time to time to monitor your neighborhood using radar to clock you.

Independent of that the police can do, the neighbor can keep the video's handy in the event you get into an accident and are sued.

Will Morehead agrees with this answer

Will  Morehead
PREMIUM
Will Morehead
Answered
  • Criminal Law Lawyer
  • San Rafael, CA
  • Licensed in California

A: I agree with the other answers that your neighbor could present these videos to the police, but it is quite unlikely that the police will take any action. Speeding is an infraction and is only an enforcement priority for the police when they can stop the speeding in real time and prevent a possible traffic collision and injury.

Your driving would have to appear on camera as reckless driving under Vehicle Code section 23103 (a misdemeanor offense) for the police to possibly take an interest. Keep in mind however, that reckless driving can include speeding in a school zone, or street racing, or doing "doughnuts" in a residential area. Assuming your neighbor did not capture your engaging in possible reckless driving or causing damage to property or persons, it is unlikely you will hear from the police. If you do, of course, don't give them any statement (including admitting that it's you driving in the video). Instead, call a lawyer immediately and only tell the police to talk to your lawyer.

Your neighbor more likely may post the videos on social media, especially where other neighbors are present, to try to publicly shame you into not speeding in the neighborhood. Given that the videos capture you in a public place, you have no expectation of privacy and no real legal recourse to stop the neighbor from doing this. If you think this is a possibility, you may be prudent to advise neighbor you got the message and you will drive more safely and they don't need to take any other action, like posting the video or taking more videos.

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