Photo/video bad drivers while on the road (info)

First let me say I'm not a lawyer, but I believe I have a hold on this since I use to have a website and did a little research before posting many of my captures of bad driving.

From the other (now locked thank god) thread to answer a fundamental question:

Yes, it is completely legal for someone to take your picture or video tape you.

HOWEVER, there are some aspects you need to be aware of.

-only on public roads or roads that had more than 50% paid by public funds (sometimes HOA roads are co-funded).

-private roads/parking areas that are public accessible generally require permission to film. However, as long as you don't make the business (like a mall) get featured in the video (blur the name of stores and mall title) there isn't really any damages they can sue for. They can order off their property and give you a no trespassing order (this has never happened as far as I know).

-they can only use the video for personal purposes, or editorial purposes.

-they cannot use your personal image if it is in a feature film or project where you make up a significant part of the scene and are easily recognizeable. It requires a release with your signature. (This is not likely ever going to be the case of someone taking your picture for driving badly).

-any image, photo, video is copyright the owner, and you have zero rights to the image (this in fact would include reposting it on a forum or website without permission of the owner).

-audio is tricky. If you are just yelling at the camera person...that isn't protected, however it should be obvious that you are being recorded. They don't have to announce it, but if it is concealed, then (in Maryland at least) it is illegal. If you are recording someone...I suggest announcing that you are recording video and audio (announce it while rolling video...so it's recorded).

-License tags do not need to be blanked out. Tags are not private information. It is only a courtesy if someone blanks out or pixelates the tags

-you CANNOT video tape inside a vehicle. That DOES constitute a violation of privacy. You can probably get away with photographing/videotaping the inside if the vehicle is empty (like you just admired someone's interior), but if you photo/video anything with private information on it (like someone left their bill on the seat with their address...it is against the law. HOWEVER...it is not illegal to write the address down.

-law enforcement can ALWAYS ticket you regardless of whether or not they are on the scene or witnessed the event or saw it on video. Most won't because the burden of proof relies on them to prove the video (or photo) was taken at the specific time, place, and person being accused. Video and photos taken by private citizens have been used in many cases both criminal and civil, but again, it's about providing something. I cite the street racing videos often used to convict certain suspects during criminal and civil cases like that case on Indian Head Highway a few years back.

Bottomline: In most cases, if you are driving badly, you cannot expect any sort of recourse if you've been captured on video or photos. Just drive better and realize that driving badly accomplishes NOTHING.

Tip: if you capture someone driving badly on video or photo, I HIGHLY suggest you post very, very anonymously. Use a non-traceable email, URL (your info blocked on whois) and don't post under your name or even commonly held suedo name. Just like you can likely find information on other people, other people can find information on you.

Request: if you want to capture someone driving badly...in Montgomery County, MD, you can call the non-emergency number: 301-279-8000. I'm sure other jurisdictions have equivalent numbers. If you are on an interstate, you'll need state police. In Maryland, even if you call 911...just immediately ask for "transfer me to state police in xyz county" unless it is an accident with injuries. Let the cops deal with the driver...you do...and someone else might tape you trying to retaliate.

I hope this clears up some questions for folks. I'll try to answer questions, but I've outlined I think the majority of what I know.

What about that guy that had a helmet cam in Maryland, filmed the plain clothes officer get out of his unmarked car holding a gun. The dude went to jail for recording... apparently Maryland has some really strict wiretapping laws.

EDIT: Wikipedia to the rescue

http://en.wikipedia.org/wiki/Anthony_Graber

On September 27, 2010, criminal charges against Graber were dropped.[5] Harford County Circuit Court Judge Emory A Plitt Jr. dismissed four of the seven charges filed against Anthony Graber, leaving only traffic code violations. The judge ruled that Maryland's wire tap law allows recording of both voice and sound in areas where privacy cannot be expected and that a police officer on a traffic stop has no expectation of privacy.[5]

Oh and here's the link that has the video of it for the 2 people on the internet that might have missed it: http://www.autoblog.com/2010/04/19/motorcyclist-arrested-for-recording-cop-brandishing-gun-with-hel/

You nailed it. Yeah...I've had lots of cops (both aggressively and not) including Secret Service attempt to force me to turn it off. Once I turn the camera away (not off) but mostly out of kindness (the cop was really cool) and was more curious (he just wanted to know what my weather station on the roof really was and why I was parked a long period with the car running (I was live streaming).

I am less familiar with DC however, Maryland I'm pretty much secure in knowing that you can film just about anything on public roads.