Video Cameras Help DUI Defense

 

Many states and jurisdictions throughout the country have installed highly sophisticated video equipment in law enforcement vehicles. Not only is it possible to view the actions of the officer and and the defendant but many of these devices also have the capacity to record sound as well. The use of this technology has been a tremendous tool in the hands of a skilled DUI attorney for defending their client's case.

 

A DUI stop and subsequent arrest is basically at the discretion of the officer. An officer can stop someone under the pretense (called probable cause) that they feel a motorist is driving in an unusual manner or is committing a criminal act. After stopping the person the officer can subject the defendant to various field sobriety tests and offer their opinion that the defendant was driving drunk. A video tape of the traffic stop can provide real, nearly indisputable evidence that may lead to the person's proven innocence or guilt.

 

Understanding the Policy

 

Before pursuing a proper defense you should contact the arresting precinct and ask for a copy of their policy regarding the use of video and audio. It is important that your DUI lawyer has a chance to look over the policy to see if there are any possible punishments for the arresting officer if the policy has been violated. Then the attorney can subpoena and carefully observe the video to determine if the officer acted within the confines of the rules.

 

Getting a Copy of the Video

 

Some police stations have multiple persons involved with receiving, cataloging and storing the video tapes. Requesting a copy of the video will require contacting the appropriate person and placing a request in writing. Sometimes there is a fee charged for a copy and other times the police station asks for lawyers or defendants to supply their own CD for the copy.

 

Recording the Conversation and Actions

 

After obtaining a copy of the tape it is important that a full transcription of the conversation is prepared. Along with the transcription notes should be made in regards to action taken by each person involved. The words along with the actions should be noted against the time clock that is typically located on the screen. This can be important in disproving any statements made by the arresting officer.

 

For instance, if an officer stated that he questioned the defendant for 15 minutes before requesting the person to complete a field sobriety test, the film can prove whether or not the officer's claim is correct. This type of concrete evidence has been used repeatedly to successfully defend many DUI defendants.

 

Not only should the DUI lawyer pay close attention to the words and activity taking place on the video, but there also should be a watchful eye to look out for things NOT included on the video. If the officer questions the suspect off camera, or if a field sobriety test is conducted away from the video, this is similar to loss of evidence. This can be a way to discredit any claim made against the accused.

 

Comparing Testimony to the Video

 

Once the video has been transcribed and studied the DUI attorney is ready for trial. This is where an experienced and competent defense attorney can really shine. The lawyer will be listening to the testimony of the arresting officer for any discrepancies. Once the lawyer has heard the officer make a claim that is obviously in direct contrast to the material presented on the video it will be a simple matter to point out the officer's error and possibly have the entire testimony stricken.

 

An example would be if the officer claims that the defendant had trouble walking properly when they exited the automobile. The officer goes on to state that the defendant had to lean on the vehicle in order to stay upright. If the video clearly shows the accused standing straight up after leaving the car and standing without any sort of aid, this type of testimony is easy to disprove and damage the prosecution's case.

 

Proving Reasonable Cause

 

Many times the video has been used to show that the officer did not have sufficient probable cause to stop a driver. This is a mandatory prerequisite for accusing and arresting someone of a DUI.

 

Without probable cause the officer was actually wrong for stopping the driver and the case can be dismissed. Hiring a lawyer that is familiar with video and has proven his abilities to defend clients accused of DUI is the best course of action for the accused.