Police cars have been equipped with video recording capabilities for a while, and all it takes to know this is true is to catch an old episode of Cops on TV. Even when daschcam video is not available, or is incomplete, most people who get pulled over have a version of the events recorded on their cell phone. After a summer full of questionable arrests and police shootings, it is becoming more and more normal for people to video their traffic stops. Whether your particular “tape” makes it to YouTube, or just stays secure on the cloud, the one certainty we have learned from recording certain encounters is that the footage can prove invaluable when you are trying to defend yourself from a criminal charge.
Three types of videotaped evidence that might come in handy and help you win your DUI case include the following things:
- Your driving pattern just before the traffic stop was made. This can be useful because in order to be pulled over and questioned the police must have a reasonable suspicion that you should be stopped. Many times with DUI cases reasonable suspicion is articulated by stating you were weaving in your lane or between lanes, or that you failed to stop at a stop sign or red light, or that you changed lanes without using your turn signal. A number of other driving patterns can also be relied upon to claim your driving behavior was such that the officer had a reasonable suspicion to stop your car. If there is any recording of your driving, it can be used to impeach the officer’s version of events, and can help your defense.
- Any field sobriety test given: if you participated in a field sobriety test outside of your vehicle, a recording of what happened can help you to show that your performance was “passing.”
- Observation period: if there is a recording of you waiting in a room prior to taking a chemical test, there should also be a time stamp. An arresting officer is required to observe you for 20 minutes prior to administering any test, and if there is video proof that the observation time fell short, you can use that in your defense.
Our team of DUI attorneys will review any videotaped evidence in your case, and determine how to best use this valuable evidence. Call us today for a review of your case, and let us help you.
For help with questions about DUI defense, call a competent criminal defense attorney in Stuart and the Treasure Coast for help. We offer representation for a wide range of offenses, call us to schedule an appointment.