Last Updated on February 13, 2025
Under California law, dash cams are legal, but the state does place some restrictions on the devices. Whether or not you would benefit by installing such a device in your vehicle is a personal question that depends on how you drive and what situations you are likely to find yourself in. In some cases, the footage could help, while it could hurt you in others.
California Dash Cam Laws
Legally speaking, using a dash camera legally isn’t as simple as just pointing and shooting your cell phone to record something the way you can do when you film police. A dash cam must be installed in a legally accepted area of your windshield, meaning it must be placed in a seven-inch square area on either the lower corner or in a five-inch square area of the upper center. The dash cam also must be out of the way of any of your vehicle’s airbags. Interestingly, the center-of-the-dashboard configuration you often see in photos of dash cams is not a legal placement in California.
Do I Need a Sticker if I Use a Dash Cam?
If these devices can record audio, California wiretapping laws require you to notify all passengers that their conversations may be recorded. If you are a rideshare or taxi driver, this notification can be made using a sticker in the passenger area.
If passengers do not consent to being recorded, you must turn off the audio on the device.
Potential Benefits of Dash Cams
Dashboard cameras record footage of the road in front of you and store data about the vehicle operator’s speed, direction, braking, steering, and seat belt usage. These recordings can be useful in the event of an accident, especially if you are ever accused of intentionally causing an accident for auto insurance fraud purposes. Dashboard cameras can also provide invaluable evidence if you were the victim of a hit and run accident, which is why the San Diego Union Tribune has declared that all drivers should install the devices.
They can also record audio and video inside the car so that you can document interactions with passengers or the police. These recordings could provide proof that an officer acted inappropriately, violated your rights, or forgot basic police procedures, any of which could mean your criminal lawyer may be able to get the charges against you dropped. Even if the video and audio footage reveals nothing questionable about the officer’s behavior, if your device recorded how you were driving, it might be enough to prove that you were illegally stopped if the officer claimed you were driving erratically and your dash cam proved you were not.
Similarly, recordings of passengers can be useful if someone accuses you of committing a crime, such as sexual assault or battery, in or around your car. While this could be beneficial for many people, it can be particularly useful for those who operate rideshare vehicles.
Can Dash Cam Footage be Used Against You?
Yes. In the same way your dashboard camera could provide your defense attorney with proof that you are innocent of a crime, it could also provide police and prosecutors with evidence against you if you did commit a crime. If your dashboard camera recorded you and your passenger talking about causing an accident, for example, you could easily be charged with car insurance fraud. Similarly, if it recorded you hitting a pedestrian or other vehicle and then fleeing the scene, it could be used as evidence that you were involved in a hit-and-run accident.
Finally, if your GPS recorded you at a bar and your camera recorded you swerving while driving and failing to turn on your headlights, the two devices together be used to prove you were driving under the influence.
If you have any questions about dash cams or whether or not you should use a dash camera, Peter M. Liss can help. Please call (760) 643-4050 or (858) 486-3024 to schedule a free initial consultation.
