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Dash cam video captures drivers, but should not be used
The federal court overturned a motorist’s conviction for a dangerous maneuver. The Cantonal Court of Vaud relied on the recordings of a camera that had been mounted on the handlebars of the advanced moped and braked.
The driver was found guilty of a simple and qualified violation of traffic rules. He was sentenced to a fine of 30 daily rates of 300 francs and a fine of 3,000 francs. The video shows that the driver of the car honked his horn, passed the driver of the moped and cut him off.
In a ruling published Wednesday, the federal court approved the motorist’s complaint. It concludes that the video was obtained illegally and without the consent of the filmmaker.
The Lausanne judges say that such illegally obtained evidence should be treated as if it had been presented by the authorities. Consequently, it should only be used to investigate serious crimes.
I like the Dashcam video
Current video recorded with a GoPro camera should be treated the same as recordings from a dash cam. In a February ruling, the Federal Supreme Court concluded that a Dashcam recording had been used in secret and was therefore inadmissible as evidence.
The Federal Supreme Court currently indicates that these types of cameras are filmed continuously and without distinction. This corresponds to a public surveillance system, which is reserved for the authorities to regulate traffic. “Deputies” should be avoided.
However, according to the Federal Supreme Court, the interview protocols and the police report that were made after the incident can be used as evidence. These could have been obtained without video recording. The case now returns to the Cantonal Court of Vaud, which must issue a new judgment without video. (Judgment 6B_1282 / 2019 of November 13, 2020) (aeg / sda)
