Nowadays, video cameras are ubiquitous; the majority of us always have one with us in our wallets or handbags. As a result, there is more often video footage when police arrests are made. Then there are body cams on the police themselves and dash cams in their vehicles. This begs the question: if there is video evidence in a DUI case, can it be used?
Keep reading to get the answer. If you need to speak to a top DUI attorney in California, contact Chambers Law Firm at 714-760-4088 for a free legal consultation.
Video evidence is still relatively new
In the past, subjective evidence was frequently used in DUI cases. The prosecution frequently used the arresting officer’s testimony as evidence of driving under the influence when the findings of a chemical blood or breath test were in doubt, such as when the test was administered incorrectly or the subject was not above the legal limit.
This is particularly crucial since you can be charged with DUI in California even if your blood alcohol concentration (BAC) is below the legal limit of.08 percent if you can’t drive with the caution of a reasonably cautious sober person. You would have no strong evidence to refute a police officer’s testimony that you were stumbling or that you failed your field sobriety tests.
This dynamic is altered by the deployment of video recordings of police stops since it is now frequently possible to see exactly what transpires when an individual is pulled over on suspicion of drunk driving. The video footage can then be shown in court so that the jury can decide whether or not they think you were inebriated when you were stopped.
There are tricks that can be used to prevent video from being taken
However, many police officers are aware of this and may relocate a motorist out of the dash cam’s field of view in order to erase any record of the performance of any field sobriety tests. Officers may be prevented from doing this by body cameras, provided that they are turned on and continue to work.
Your rights when pulled over for a DUI
When you are pulled over on suspicion of drunk driving, you do have rights. You might first decline to do field sobriety tests. California law does not force you to perform them, therefore if an officer asks you to, you should respectfully reject.
Second, you may use your own camera to record any contacts you have with the police. In principle, people have the right to record police officers going about their business in public as long as they are not interfering. If there isn’t a police recording of the encounter, this might be used as backup documentation.
Contact an experienced attorney to get help today
A knowledgeable DUI defense lawyer is required if you have been detained for a DUI. Video evidence showing what looks to be an impaired driver can frequently make a case more difficult, but it isn’t always a deal-breaker. A knowledgeable attorney may use the facts and legal framework of each case to assist obtain the best result.
Chambers Law Firm is committed to assisting clients who are facing DUI charges. Schedule a free first consultation with us now by calling 714-760-4088 or emailing dchambers@clfca.com or find out more about how we can assist you.
