The helpfulness of the video will depend on the facts of the case.
In California, some police videos are equipped with dash cameras, otherwise known as Mobile Video/Audio Recording Systems (MVARS). You may have seen footage from these dash cams online or on the news — but rarely if they show something positive for the person being pulled over by the police. This raises the question: can dash cams help defendants in driving under the influence (DUI) cases?
The answer is maybe. In some situations, a DUI defense lawyer Los Angeles, CA can use a dash cam video to prove that person accused of driving under the influence was actually sober. This can happen in a number of ways.
First, if the police administered field sobriety tests, they may not have accurately reported the results of the test in their reports. A dash cam video may show that the defendant actually passed the test, or that something was off in how the test was administered that caused the person to fail it. Remember: according to an experienced DUI defense lawyer Los Angeles, CA, you are not required to take field sobriety tests in California. You have the right to (politely) refuse to take these tests!
Second, if the defendant was not showing objective signs of impairment, a dash cam video might be helpful. For example, if the police report stated that the defendant was slurring his words and acting as though he was under the influence, but the audio and video show that he appeared perfectly sober, a jury may be inclined to believe the defendant over the officer.
Third, in some cases, a dash cam video might show that there was no probable cause to stop a car. The police need to have probable cause that a crime has been or is about to be committed. If the defendant was driving normally, then the video may reveal that there was no cause to pull him over — and a DUI defense lawyer Los Angeles, CA could have the entire case dismissed as a result.
However, it is important to remember that a dash camera video may also hurt a DUI case. It may show that a defendant was clearly intoxicated, that he failed field sobriety tests, or that he was driving erratically. A prosecutor has the right to use these recordings at trial, so defendants should anticipate that they will be used if they demonstrate that he or she was driving under the influence. If a MVARS video was made, a defendant is entitled to a copy of it. Your DUI defense lawyer Los Angeles, CA can request a copy of it and review it to determine whether it will help or hurt your case.
If you have been charged with a DUI in Los Angeles or the surrounding areas, the Chambers Law Firm can help. Contact us today at 714-760-4088 or dchambers@clfca.com to schedule a free initial consultation.
