Dashcams in court: When are they accepted as evidence to support your objection to a traffic fine in Germany?
In Germany, the use of dashcams (dashboard cameras) triggers an ongoing legal debate between privacy protection and the right to defend oneself. The key question for drivers is: Can dashcam recordings be used to challenge a traffic offence?
The answer: Yes — but under strict conditions. Here are the legal details:
Legal background: Data protection comes first
Germany places data protection under the General Data Protection Regulation (GDPR / DSGVO) at the top of the agenda. Therefore, dashcams may not be used for permanent and unrestricted recording of roads and people.
However, in 2018, the Federal Court of Justice (BGH) ruled that dashcam recordings may be used as evidence in certain specific cases (case: VI ZR 233/17).
When can dashcam footage be accepted in court?
If the recording is limited and temporary (not permanently stored), and is automatically overwritten unless an incident occurs.
If the purpose is self-defence and evidence preservation, not spying or continuous surveillance.
If the recording does not deliberately focus on pedestrians’ faces or other vehicles’ licence plates in a targeted way.
If the disputed offence is serious or has significant legal consequences, such as:
an allegation of running a red light without direct proof
a dispute over right of way in a collision
a speeding allegation that was not documented accurately by authorities
When is dashcam footage rejected as evidence?
If the camera records continuously without time control or without respecting the principle of data minimisation (Datensparsamkeit).
If the recording is considered an unjustified intrusion into third parties’ privacy, especially when there is no strong necessity to use it.
In minor offences, where the evidentiary value is not proportionate to the privacy impact.
How to increase the chances of acceptance
Use a camera that supports loop recording (Loop-Aufnahme).
Choose a device that stores footage permanently only when it detects vibration or a collision.
Share the recording only with your lawyer or the court.
Do not publish the video online — this can itself be a legal violation.
Special exception for Muslim or foreign drivers
In some situations — especially where language or cultural barriers make it harder to explain what happened — courts may accept the recording as supportive material, particularly if it shows:
that you actually stopped at the traffic light,
or that the other driver was the one who violated the rules,
or that you were not driving as fast as alleged.
Conclusion
Dashcams are only partially permitted in Germany, and their footage may be accepted as evidence if it respects others’ privacy and is not used as a tool for constant monitoring.
If you are facing a traffic fine, consult your lawyer about whether using dashcam footage is worthwhile — it may be the key to clearing your name, or it may create a new legal problem if used unlawfully.
Disclaimer
The site’s writers and editors aim to provide accurate information through extensive research and multiple sources. However, mistakes may occur or some details may be unconfirmed. Please treat this content as initial guidance and consult the competent authorities for confirmed information.
