Dashboard Camera Evidence: Will It Hurt or Help Your DUI Case?
More and more police departments require officers to use dashboard cameras on their police cars. During traffic stops, these cameras may offer invaluable evidence of what happened. But if you have been arrested for DUI, you may wonder if dashcam footage will hurt or help your case.
Dashcam Footage Is Often Admissible Evidence in Court
No matter whether the camera footage is good or bad for your case, it may be admissible evidence in court. In Oklahoma, videotapes of arrests made by police officers and sheriff’s deputies are public records. That means your lawyer can request the tapes during your case to help with your defense. But it also means that the district attorney could use the tapes against you. Either way, the judge or jury could see those tapes as part of a trial or hearing.
The Video Could Show Evidence of Intoxication
Video footage of a DUI suspect staggering, tripping, or falling during a traffic stop may help convince a judge or jury that the suspect was under the influence of alcohol. Of course, you might argue that someone could fall or trip for other reasons besides being drunk. The fact remains, however, that seeing someone who looks intoxicated on video could lead to the conclusion (despite evidence to the contrary) that the driver was under the influence.
The Video Could Show Police Misconduct or Constitutional Violations
Alternatively, the dashboard camera footage could show police misconduct that provides a powerful defense to the DUI charges. For example, the video could show that the driver never received Miranda warnings, or that the police used excessive force during the arrest. During DUI arrests, police officers frequently administer the field sobriety tests or breathalyzer test incorrectly.
The dashcam video may reveal key flaws in the prosecutor’s case that could help you make the case for a plea bargain – or a dismissal of charges. To determine whether the video will help you, you need to speak to a lawyer as soon as possible. Your lawyer can help you get the camera footage, review it for problems with the arrest or testing, and talk to the prosecutor and judge for you.
To learn more about use of dashboard camera footage in DUI cases, seek out the DUI attorney who follows key changes in Oklahoma law to find the best defenses for his clients. Clint Patterson, Esq., of Patterson Law Firm, a former Tulsa prosecutor now using his trial experience and expert-level knowledge of DUI science to defend drivers, has the experience and the insight to evaluate the strengths and weaknesses of your case. To schedule a case evaluation, visit Patterson Law Firm online or call Clint’s office at (918) 550-9175.