Introduction to Police Dashcam Footage
In today’s legal landscape, video evidence has become increasingly significant. Police dashcam footage is crucial in many cases, particularly in DUI stops, traffic incidents, and criminal investigations. Before the advent of dashcams, defense attorneys and the courts had to rely solely on police reports, often without contradictory evidence. However, with dashcams and body-worn cameras, the legal process has become more transparent, allowing for stronger challenges to police reports and behavior.
Importance of Police Dashcam Footage
Dashcam footage serves as a vital tool in legal proceedings. It can either support or challenge the claims made by officers in court. Dashcam and body-worn camera footage provide insight into the officer’s conduct, the field sobriety tests, and the behavior of the person pulled over. This footage is especially important in DUI cases, where details such as a person’s behavior, response to field sobriety tests, and interaction with the officer are critical pieces of evidence.
The image on the left is a DMV subpoena, a DMV subpoena is used during the APS hearing to request for more evidence. Additional discovery can be obtained through the use of a DMV subpoena. These additional materials include use. and calibration logs can compute a dispatch, and most importantly, police body Cam footage and dash cam. All of these things can shed additional light on the report. They dmv subpoena can be downloaded here.
In addition, you will also need an MVARS release form which you can find here.
The Types of Video Evidence
There are two main types of video evidence in police encounters:
- Dashcam Video: Typically mounted on the police vehicle, these cameras capture the moments leading up to and during the traffic stop. They are programmed to save the 45 seconds before the officer initiates a stop.
- Body-Worn Camera: These cameras are attached to the officer’s uniform and capture interactions once the officer exits the vehicle. While officers can turn them off, it’s rare due to potential scrutiny.
How to Request Police Dashcam Footage
Obtain the DMV Subpoena Form
Total Time: 15 minutes
Request the Correct Records (Dash Cam & Body Cam Footage Only)
Instructions:
In the subpoena form, check the box for “Produce Documents” (NOT “Appear in Person”).
Specify that you are requesting all dash cam and body cam footage from the date of your DUI arrest.
Do NOT request officer testimony—only video records.
Complete the MVARs Video Request Form
Supplies Needed:
MVARs (Mobile Video/Audio Recording System) Request Form
Estimated Cost: Free
Duration: 5–10 minutes
Instructions:
Most law enforcement agencies require an MVARs request form in addition to the subpoena.
Download the MVARs request form from the agency’s website (e.g., Orange County Sheriff’s Department).
Sign the form to confirm that you will not share or publish the footage publicly.
Submit the Subpoena and Pay Fees
Supplies Needed:
Completed Subpoena Form DL 107
Completed MVARs Form
Check or Money Order (Payable to the Law Enforcement Agency)
Estimated Cost: $50–$150 (Varies by agency)
Duration: 5–10 minutes (Plus mailing time)
Instructions:
Call the Records or Subpoena Clerk at the law enforcement agency to confirm the submission process.
Ask about processing fees (typically $50–$150 depending on the agency).
Mail the subpoena, MVARs form, and payment to the law enforcement agency.
Keep a copy of everything for your records.
Notify the DMV Driver Safety Office
Supplies Needed:
Copy of your submitted subpoena
Estimated Cost: Free
Duration: 5 minutes
Instructions:
Send a courtesy copy of the subpoena to the DMV Driver Safety Office handling your hearing.
This ensures the DMV is aware you are waiting for critical evidence and may need a continuance if the footage is delayed.
Follow Up and Prepare for Delays
Supplies Needed:
Case tracking number
Phone or email access
Estimated Cost: Free
Duration: Varies (Follow-up recommended after 15 days)
Instructions:
Check status: Call the law enforcement agency after 15 days to ask if the footage is ready.
If the footage is delayed, request a continuance from the DMV.
If the agency refuses to release footage, you may need to consult an attorney for next steps.
Checklist Summary
✅ Download & complete DMV Subpoena Form DL 107
✅ Check “Produce Documents” for dash cam & body cam footage
✅ Fill out the MVARs request form
✅ Call the agency to confirm fees ($50–$150) & payment process
✅ Mail subpoena, MVARs form, and payment to the law enforcement agency
✅ Send a copy to the DMV Driver Safety Office
✅ Follow up in 15 days & request a continuance if needed
Need Help? Contact a DUI Defense Attorney
The subpoena process can be complicated, and law enforcement agencies may deny or delay your request. If you need assistance, contact the Law Office of Hieu Vu for experienced guidance on navigating your DMV APS hearing.
📞 Call Now: 714-589-3063
📧 Email: [email protected]
🌐 Website: VuLawOffice.com
Estimated Cost: 0.00 USD
Supply:
- Paper
Tools:
- Printer
Materials: Download Form DL 107 from the DMV website or obtain it from a DMV Driver Safety Office. (Or you can download it above)
Fill in your name, case number, and the law enforcement agency's name (e.g., Orange County Sheriff’s Department, California Highway Patrol).
In the “Matter of” section, write DMV vs. [Your Name].
1. Requesting Dashcam Footage Through a DMV Hearing
For DUI cases, the APS (Administrative Per Se) hearing offers an opportunity to request dashcam footage. You need to submit a subpoena with the correct date and time of the incident along with the hearing officer’s information. This process must be done within 10 days of your DUI arrest. After submission, you should receive the dashcam footage before the hearing.
2. Requesting Dashcam Footage in Court
If you are involved in a criminal court case, you can request dashcam and body-worn camera footage from the prosecutor during the pretrial and discovery phase. In most courts, including Orange County Superior Court, a body-worn camera protective order is often issued. This order limits the use of the footage outside the court, preventing it from being shared publicly due to privacy and ongoing investigations.
Legal Rights and Challenges to Obtaining Footage
It’s important to understand that you have a legal right to access dashcam and body-worn camera footage if it’s relevant to your case. However, the process can differ depending on the stage of your case and the jurisdiction. For example, in some situations, dashcam footage may not be available—especially with CHP supervisors, who may not have dashcams in their vehicles. You can often verify the existence of footage by contacting the law enforcement agency involved in the stop or arrest.
What Happens if There Is No Dashcam Footage?
In some cases, particularly with certain law enforcement agencies, dashcam footage may not exist. If you are relying on footage as evidence, it’s important to check whether the specific vehicle involved had a working dashcam. If the footage does not exist, your attorney can explore other avenues for evidence, such as officer body-worn camera footage or witness testimony.
Dashcam Footage and the Legal Process
The use of dashcam footage has had a profound effect on police procedures and legal strategies. Officers are now more careful when writing reports, knowing that their own dashcams could contradict them. For defense attorneys, dashcam footage offers an essential tool to challenge police conduct and provide a more accurate account of events.
The Role of Timing in Obtaining Footage
Timing is crucial in requesting dashcam footage. If your case has not yet been filed in court or if there is no court date scheduled, obtaining the footage may be difficult. However, in DUI cases, you can use the DMV hearing as an alternative means to request footage before a court date is set.
What is the process for requesting police dashcam footage through a DMV APS hearing, and how can an attorney assist in this process?
An attorney can request and schedule the APS hearing, which puts a stay on the suspension of your license. Once the hearing is set, the attorney will handle the subpoena process on your behalf to obtain the dashcam footage. All of this is done for you, ensuring the process is properly handled without delays.
Are there specific forms or documentation required to request dashcam footage, and how can an attorney ensure these are properly completed and submitted?
Yes, obtaining dashcam footage requires specific forms and documentation, which can be found on the resource page. In CHP DUI cases, dashcam and bodycam footage are usually available, but the department often requires you to sign a non-disclosure agreement before releasing it. An attorney ensures that all necessary paperwork is completed correctly and submitted to the right agencies.
What are the potential challenges or obstacles in obtaining police dashcam footage, and how can an attorney help overcome them?
The main challenges in obtaining dashcam footage are dealing with bureaucratic hurdles, paperwork, and local police department rules. Each department has different requirements, including:
Filling out the correct forms,
Writing required checks for processing, and
Following specific local procedures.
An attorney can handle this entire process, ensuring all steps are followed correctly and expediting the request for faster access to the footage.
How can the information obtained from police dashcam footage impact the defense strategy in a DUI case?
Dashcam footage is best compared with the police report to check for any embellishments, inconsistencies, or inaccuracies. If the video evidence contradicts the officer’s written report, it can be used to challenge the credibility of the prosecution’s case, potentially leading to reduced charges or case dismissal.
Are there any time-sensitive considerations when requesting police dashcam footage, and how can an attorney ensure these deadlines are met?
Yes, there are strict deadlines for requesting dashcam footage. At the DMV hearing stage, the request should be made at least 15 days before the hearing to demonstrate due diligence. This ensures that you qualify for a continuance if the footage is delayed.
Additionally, the subpoena process follows civil court rules, not criminal court rules. An attorney understands these differences and ensures all civil subpoena deadlines are met to avoid losing access to crucial evidence.
Conclusion
Obtaining police dashcam footage is a critical step in defending against charges, particularly in DUI cases. It offers an unbiased account of events and can either support or challenge the claims made by law enforcement. Knowing how and when to request dashcam footage is essential for building a strong defense. If you’re navigating a legal case involving dashcam footage, consulting an experienced attorney can ensure your rights are protected and help you gather the necessary evidence for your defense.
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