Dash cams have become increasingly popular in Ohio for safety, insurance protection, and legal peace of mind. However, using a dash cam without understanding Ohio’s specific laws can result in legal complications. This guide explains what drivers need to know about dash cam usage, privacy rights, mounting laws, and how footage may be used in court or during an insurance claim.
To learn more or to discuss a recent accident case, call a seasoned Ohio car accident attorney at 866-792-2728 today.
The Definition of a Dash Cam
A dash cam is a small video camera mounted on a vehicle’s dashboard or windshield. It can continuously record footage of the road ahead and the interior or rear of the vehicle. Dash cams can be helpful in the event of an accident by providing visual evidence of what took place.
Types of dash cams include:
- Front-facing: Records the road ahead
- Dual-facing: Records front and back
- Interior cams: Capture activity inside the vehicle
- Multi-channel: Can record front, rear, sides, and cabin
Can I Legally Use a Dash Cam in Ohio?
Yes, dash cams are legal in Ohio. The state has no specific laws prohibiting the use of these recording tools. That said, there is a difference between using them on public and private property.
Recording video footage in public places, such as roads and highways, is generally permitted because there is no expectation of privacy. However, recording audio inside your vehicle may fall under Ohio’s wiretapping laws, which require the consent of at least one party to the conversation.
Additionally, pointing your dash cam toward private property in a manner that invades someone’s reasonable expectation of privacy could lead to legal issues. Reasonable expectation of privacy could involve recording a driveway, a fenced yard, or an open window into someone’s home.
Is Dash CamFootage Admissible in Court?
Yes, dash cam footage may be admissible in Ohio courts as evidence for a case. Still, the footage will more than likely be scrutinized for authenticity, accuracy, clarity, and audio legality. You should expect the defendant’s attorney to ask the following:
- Has the footage been altered or edited in any way?
- Was the dash cam mounted correctly, and did it capture a clear, unbiased view?
- Is the timestamp correct, or could it be challenged as inaccurate?
- Is the footage clear enough to see important details, like traffic signals, signs, or license plates?
- Was the audio legally recorded under Ohio’s one-party consent law?
- Are there any signs of cuts or spliced clips that could make the footage inadmissible?
Our dedicated lawyers could help you navigate the court process, ensuring your rights are protected and that you are treated fairly.
Restrictions on Where Dash Cams Can Be Mounted
Under Ohio Revised Code § 4513.24, you cannot mount a nontransparent material on your windshield that obstructs your view of the road or hides the vehicle identification number. This includes technology deemed a vehicle safety tool, such as dash cams. So long as a dash cam does not restrict the road’s line of sight or conceal your vehicle’s identification number, it should not cause any legal issues.
However, different laws apply to commercial vehicles. Windshield devices, including dash cams, must be positioned more than 8.5 inches below the top edge and avoid the area swept by windshield wipers. Violating any of these laws is considered a minor misdemeanor, which may result in a maximum penalty of a $150 fine.
Ideal Dash Cam Mounting Locations in Ohio
To ensure your dash cam aligns with Ohio law, you can consider the following locations in your vehicle for mounting:
- Behind the rear-view mirror
- Low on the dashboard
- The top center of the windshield
Never place a dash cam in the middle of the windshield where it blocks your line of sight, near your VIN, or anywhere that could interfere with airbag deployment.
Do I Need to Inform Other Drivers or Passengers That I Have a Dash Cam?
No, Ohio does not require you to inform passengers or other drivers that a dash cam is recording.
However, under Ohio’s one-party consent law, at least one person involved in a conversation must consent to it being recorded. This means that if you are recording a conversation, you must be a part of it. Recording private conversations you are not involved in may violate Ohio wiretap laws.
Can Dash Cam Footage Be Used for Insurance Claims?
Yes. Dash cam footage can be extremely helpful in supporting an insurance claim by providing a clear visual record of how an accident or traffic violation occurred. Having this type of footage after a vehicle incident can be helpful for your case. A dash cam can prove the fault of another party in various kinds of accidents, including:
What Should I Know About Privacy Concerns When Using a Dash Cam?
Ohio is a one-party consent state, giving individuals greater flexibility regarding audio recordings. However, there are still restrictions when it comes to recording in private settings.
Ohio’s laws permit video recording in public spaces, but recording audio could be subject to stricter regulations depending on the context. The best way to avoid legal consequences is to refrain from recording others in private settings without their consent.
Can the Police in Ohio Seize Dash Cam Footage?
Yes, Ohio police can seize your dash cam footage if they have legal grounds to do so. They may temporarily take your dash cam or memory card if:
- You are lawfully stopped or arrested
- They believe the footage contains evidence of a crime
- They obtain a search warrant or court order
If police want to obtain your dash cam footage and you do not consent, they can seek a search warrant. Courts will grant this if there is probable cause to believe the footage includes evidence of a crime.
In lawsuits, criminal proceedings, and investigations, opposing parties can use legal discovery tools, such as subpoenas, court orders, or preservation letters, to compel you to provide footage.
Gervelis Law Firm Is Here To Help With Your Case
Dash cams are legal to use in Ohio and admissible in court as evidence. However, it is essential to understand where and when they can be used, including restrictions on mounting and audio recording. While your dash cam footage may come in handy in the aftermath of an accident, police may also seize footage if needed for an investigation.
Dash cams are valuable tools, but they must be used correctly. If you or your loved one has been in an auto crash of any kind, our skilled legal team is on the case.
At Gervelis Law Firm, we offer free consultations to review the details of your accident and determine whether you have a valid claim. Contact our personal injury attorneys today, or call our office at 866-792-2728 to schedule a free consultation.
