If you’ve been pulled over, cited, or arrested by the California Highway Patrol (CHP), you may be wondering how to obtain the dashcam or audio recording of the incident. These recordings, officially known as Mobile Video/Audio Recording Systems (MVARS), can provide crucial evidence in your defense.
Whether you’re contesting a traffic citation, facing DUI charges, or simply want documentation of the stop, requesting MVARS footage from the CHP may be one of the most effective actions you can take.
What Is MVARS?
MVARS stands for Mobile Video/Audio Recording System. These are dash-mounted video systems installed in many CHP patrol vehicles. The system captures both video and audio whenever the officer activates the vehicle’s emergency lights. It typically includes video from the front of the patrol car and audio from both inside and outside the vehicle, including conversations between the officer and the driver.
In many cases, the system is also designed to capture approximately 30 seconds of footage prior to activation. This means it can include critical moments that occurred before the officer officially began the stop.
Why MVARS Footage Matters
Video and audio evidence from a traffic stop can be vital for a number of reasons. The footage often captures a driver’s behavior, the officer’s conduct, and any field sobriety tests that may have been conducted. It provides a neutral perspective that can confirm or refute claims made in the officer’s written report.
If you were calm, cooperative, and driving safely, this may support your defense. If the officer claims you were swerving or driving recklessly, MVARS could contradict those claims. In DUI cases, the video may show whether your speech was slurred or whether you appeared steady during field sobriety tests.
On the other hand, MVARS footage can also work against you if it clearly shows signs of impairment or if you made admissions during the stop. It’s important to review the footage carefully to determine how it may affect your case.
Legal Basis for Requesting MVARS
In California, MVARS recordings are generally considered public records. This means you have a right to request them under the California Public Records Act. Additionally, if you are facing criminal charges, your defense attorney can request the footage as part of the legal discovery process.
In traffic court or other non-criminal proceedings, you may need to submit a public records request directly to the CHP.
How to Request MVARS Footage
To request MVARS from the CHP, you will need to submit a formal written request. Here’s what should be included:
The date and time of the incident
The location where the stop occurred
A description of the event (such as a traffic stop or DUI investigation)
Your full name and contact information
Any relevant case number or citation number
Once your request is prepared, it should be submitted to the appropriate CHP Area Office. You can usually find the correct office based on the location of the incident. Some offices accept requests by mail, in person, or online.
If you are working with a defense attorney, they may be able to obtain the footage more efficiently through legal discovery or by filing a subpoena.
What to Expect After Submitting a Request
Under state law, the agency is required to respond to public records requests within a set timeframe, typically within 10 calendar days. However, processing the request and producing the video may take longer depending on how the data is stored, whether redaction is necessary, and whether additional approval is required.
If you do not hear back after the expected timeframe, it is appropriate to follow up politely with the CHP office where you submitted the request. Keeping a record of your communications and submission dates can be helpful.
Common Reasons a Request Might Be Denied
Not all MVARS footage requests are granted. The CHP may deny your request if the video contains confidential information, involves a minor, includes a sensitive ongoing investigation, or reveals law enforcement tactics. In some cases, portions of the video may be redacted to protect third-party privacy.
If your request is denied, you may have the right to appeal or take legal action. It’s often beneficial to consult with a traffic attorney if your case depends on obtaining this footage.
Alternative Legal Methods to Access MVARS
If you are facing criminal charges, your attorney can request the footage through discovery. Prosecutors are required to disclose relevant evidence, including dashcam footage, to the defense upon request.
In traffic court or in cases where formal discovery is not available, you may need to use a subpoena to compel the CHP to produce the video. This usually requires some knowledge of legal procedure, so it’s wise to seek legal assistance when taking this route.
Reviewing MVARS Footage for Your Defense
Once you receive the video, review it thoroughly. Watch for details that support your version of events or undermine the officer’s report. Look at your demeanor, the conditions of the stop, and any interactions with the officer. The audio can also be important, especially if it captures any admissions or contradictory statements.
In some cases, the video may show that field sobriety tests were not administered properly or that your driving was not as erratic as claimed. In others, it may clearly show signs of intoxication or confirm the officer’s allegations.
It’s essential to be realistic and strategic. If the video helps your case, it may be worth submitting in court. If it could damage your defense, your attorney can advise you on how to proceed.
Technical and Practical Limitations
Although MVARS systems are standard in most CHP vehicles, they are not always perfect. Some footage may be low quality, incomplete, or missing due to technical failures or storage limitations. In some areas, CHP still stores videos on DVDs or outdated formats, which can delay processing.
If the video is unclear or contains flaws, a video expert may be able to analyze it for inaccuracies or raise questions about its reliability.
If the CHP Delays or Denies Access
If you face delays or receive a denial without a clear reason, you may have legal grounds to appeal under California’s public records laws. Document every communication and submission. In many cases, persistence and professionalism can lead to results. If not, an attorney can help escalate the request or file a motion to compel.
Final Thoughts
Obtaining MVARS footage from the CHP can provide a powerful tool in building your defense, especially in traffic or DUI cases. The footage often reveals more than written reports and can shift the outcome of a case in your favor. However, it can also confirm allegations against you, so it must be reviewed carefully and strategically.
You have the right to request this footage. Start the process early, provide complete and accurate information, and follow up if needed. If you’re unsure how to proceed or need legal support, consulting with an experienced traffic or criminal defense attorney can make a significant difference.
Speak With an Attorney Today If you’ve been stopped by the CHP and want to obtain MVARS footage or challenge a traffic ticket or DUI charge, the legal team at Southwest Legal is ready to help.
We’ve assisted drivers in reviewing and using MVARS evidence to fight unfair citations, reduce charges, and protect their driving records. Our experienced attorneys can file formal requests, handle discovery, subpoena footage, and represent you in court. Don’t navigate the legal system alone. Let us put our experience to work for you. Contact us today for a free consultation and take the first step toward defending your rights.
