You were recently cited for reckless driving by the California Highway Patrol (CHP). You now want to contest the ticket. The CHP officer that cited you said he caught you on the patrol car’s Mobile Video Audio Recording System (MVARS). Can you get a copy of the MVARS video?
Most likely, yes. MVARS footage is a “public record” under the California Public Records Act (CPRA).1
As such, you can likely obtain a copy of MVARS footage by making a public records request with the CHP Area office nearest you.
Typically, you can request MVARS footage via a written request that includes such information as:
- the date of the video,
- where the incident occurred, and
- why the video was taken.
Note that if you are the subject of a criminal case, you or your attorney can also request an MVARS recording from the district attorney as part of the discovery process.
An MVARS device is often referred to as a “dash cam.” It is a small camera that is mounted to the dashboard of a patrol vehicle/patrol car and used by some California law enforcement agencies to record:
- arrests, and
- events leading up to arrests.
1. How can you get an MVARS video recording?
You can call or make an in-person visit to the CHP Area office nearest you to learn how to best make a public records request.
But you will typically want to make a request in writing and send it to the nearest CHP Area office.
In your letter, you will want to include the following information to ensure that the CHP fully understands what MVARS footage you are referring to:
- a clear description of the footage,
- the date of the recording,
- the location where your incident occurred,
- why the CHP took the recording,
- your contact information, and
- any other information you think may help the CHP find the footage you are requesting.2
2. How long will it take to process your request?
The California Public Records Act suggests that an agency should process a public records request within 10 days of the agency receiving the request.3
But note that this 10-day period is not a deadline. The CHP website acknowledges that it may take the agency longer than 10 days to process your MVARS request.4
The website also acknowledges that it may need a “reasonable amount of time” to review a request and inspect pertinent records.5
If you do not receive your MVARS video after 10 days, you can contact the CHP and ask for an update.
3. Does the CHP always have to provide MVARS recordings?
No. The CHP can deny your request for MVARS footage if the footage captures exempt or sensitive material.
“Exempt or sensitive material” may include:
- personal identifiers of involved parties or uninvolved third parties,
- demonstrations of specialized peace officer safety and enforcement tactics,
- confidential information related to a law enforcement officer, and
- graphic, disturbing, or invasive images, statements, or sound recordings.
Note that the CHP can also deny your request if the footage you request:
- is tied to an ongoing CHP or related investigation, or
- if release of the footage would endanger the safety of an individual involved in the investigation.6
4. Will an MVARS recording help your case?
The answer depends on the facts of the case and what the recording may show.
California law says that MVAR footage is admissible in most proceedings. You can also use an MVARS video to try and contest charges in traffic court and Superior Court, including charges involving:
- infractions,
- misdemeanors, or
- felonies.
More specifically, you can use the footage to challenge things like:
- traffic tickets,
- speeding tickets,
- traffic stops,
- DUI arrests,
- allegations in a police report, and
- criminal charges.
But you may not want to use an MVARS recording in all cases.
For example, if you are contesting a DUI charge, you will not want to introduce footage showing you completely failing a police officer’s field sobriety tests.
However, if you were stopped for reckless driving, you will want to use a video if it shows you driving in a careful and reasonable manner.
If you are unsure if an MVARS recording will help your case, please seek the legal advice of a law firm.
Legal References:
- See California Government Code sections 6250-6270. See also CHP website, “Information Disclosures – Public Records and Rights of Privacy,” (2020).
- See CHP website, “California Public Records Act.”
- California Government Code 6253.
- See CHP website, “California Public Records Act.”
- See same.
- See CHP website, “Information Disclosures – Public Records and Rights of Privacy,” (2020).
