Fact-Checked: Why Trust Rittgers Rittgers & Nakajima In every criminal case, evidence is vitally important. The old saying of “you are only as good as what you can prove in court” is true whether you have committed a criminal act or are wrongfully accused. When you are accused or charged with a crime, the prosecutor and law enforcement officials will work together to gather evidence to prove their case. At the same time, every person accused of a criminal act is entitled to present a full and fair defense of their own. That is guaranteed to each and every person by the Sixth Amendment to the U.S. Constitution. Whether it be witnesses, documents, pictures, or videos, someone accused of a crime or involved in a legal case is entitled to present evidence of their own.
In today’s day and age, “dash cam” or “cruiser cam” fascinates the public when such cameras catch a criminal in the act or capture an extreme car accident on video. Many individuals often install personal dash cams in their own vehicles to save money on their insurance premiums or to protect the valuables in their vehicle. Because of the popularity of dash cams, these devices are often inexpensive and come in a multitude of styles and abilities. However, an individual should be aware of the consequences and ramifications of installing such devices if they are ever pulled over and charged with a crime.
The Risks And Legal Implications Of Using Dash Cams
The personal dash cam you install on your vehicle can be used as evidence against you. When a law enforcement officer pulls you over for a traffic offense, such as driving under the influence (Ohio Revised Code §4511.19), everything in your vehicle could be seized and taken as evidence. This could include your dash camera. The police could seize this device or use a search warrant to obtain the footage, thus bolstering their case against you. This camera will capture all your driving errors or infractions on the day in question and could even capture the statements you make to others in the car or the officer themselves. This presents a grave risk that this evidence could be used against you and impact you in a negative manner.
If pulled over and you have a personal dash cam, it may be very tempting to hurry and delete the footage or destroy the device. This is a BAD idea. In Ohio, if someone attempts to alter, destroy, conceal, or remove evidence from a scene, they can be charged with Tampering with Evidence. (Ohio Revised Code §2921.12). This offense is a third-degree felony and carries up to 3 years in prison. At your trial, a prosecutor could even use the fact that you deleted footage against you.
Contact Our Criminal Defense Team
At Rittgers Rittgers & Nakajima, our criminal defense team knows exactly how to combat the evidence against you and in some cases, suppress it entirely. We are trained to ensure that law enforcement respects your constitutional rights and has justification and cause to pull you over or seize any evidence in your vehicle. Before making any statements to police or trying to use evidence of your own, it is crucial you consult an attorney. Whether you are worried about evidence from your dash camera being used, or are charged with any other crime, we here at Rittgers Rittgers & Nakajima practice throughout southwest Ohio and will fight for you. Our consultations are free and we have a 24/7 emergency line. If you need representation or simply have legal questions, give us a call at 513-496-0134.