Is footage from a Dashboard Camera such as Dash Cam Pro admissible in Court?


Attorney Jason MacriAuthor: Attorney Jason Macri

Many motorists are using dashboard cameras such as Dash Cam Pro in order to capture footage of their travels, much of the time in an effort to document interactions with other motorists, police and pedestrians. While these dashboard cams may be useful in helping to prove how a particular accident occurred, the real question becomes whether the footage will be admissible in Court.

While recording audio without the consent of the person being recorded is a Felony in Florida, recording video footage of others without their consent is not. That being said, it is definitely not advisable for a person to record audio of interactions with other motorists, pedestrians and police. Though it is not highly probable, one may potentially be charged with a Felony for recording the conversations of others without their prior consent.

dashboard-cam-accident-in-courtRecording video footage of others in Florida is not illegal and therefore, having a video camera installed within your vehicle is not illegal as long as it does not interfere with your ability to see all of your surroundings and drive safely. Products such as Dash Cam Pro are typically small enough that they will not affect a person’s ability to safely drive. A large camera installed on a dashboard may interfere with the driver’s ability to see and is therefore not advisable.

The footage captured on a dashboard camera will be admissible in a Florida Courtroom as long as the footage can be authenticated and can be proven to be actual footage as opposed to something created by a computer or other device. While this footage may potentially be helpful to those looking to prove what happened in an accident, one must realize that the footage cuts both ways. In other words the footage may also show that the person using the dashboard camera was negligent themselves. Once this footage is captured and discovered, it can potentially be used against the at-fault party regardless of which party was utilizing the camera.

For more information about how a dashboard camera may potentially be used in a Florida Courtroom, contact the personal injury attorneys at the Law Office of Dell & Schaefer. Our attorneys will help explain the pros and the cons of dashboard cameras and their usage in Florida’s Courtrooms.



2 comments

Friday, October 2, 2020
Jorge P.:

I was audio and video recorded driving my employers truck. Not my truck. They want to use the footage and audio agains me in court claiming that I have to pay the 1285.60 dls that is the amount the company paid to repair a trailer I hit 5 weeks ago.

I never give my consent to be audio recorded. I was never noticed of there were a video camera installed. They may be being listening my conversation wife my wife, whom used to travel to others states for work. Company refused to report to insurance to prevent higher insurance payment.

Wednesday, October 7, 2020
Attorney Jason Macri:

Hi Jorge,

What state are you in? Was your employer using a “dashcam” or similar device? Was the device able to record video footage of the crash from 5 weeks ago? If so, have you seen the footage? Are you an employee or a contractor? If you are an employee, have you read your employment file to see if you have signed off on the recording device? Please feel free to call us should you wish to discuss this matter further.

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