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Importance of Video Evidence in Drunk Driving Cases
Dash cams and body cams have become a common tool for law enforcement officers on patrol. It’s a great thing for citizens charged with DUI as it captures the facts of law enforcement procedures in real-time. A video recording can sometimes hold the key to the case favoring the accused. Todd Spodek understands the significance of video evidence in drunk driving cases and evaluates footage thoroughly to prove innocence.
Dash cameras are the latest and most advanced method utilized by law enforcement officers to record their activities on duty. They are mounted on the dashboard of a vehicle and record events during or prior to the officer turning on flashing lights. The video footage obtained can be utilized for or against your DUI case.
Video evidence can demonstrate if the arresting officer had reasonable suspicion to stop your vehicle, possible deviation from the standard procedure while performing a field sobriety test, or any other error made during the investigation process. Even if an officer writes that you weaved over the center line or failed field sobriety tests, the video evidence might prove otherwise. Todd Spodek has an experienced set of eyes when it comes to analyzing and interpreting dashcam recordings accurately.
Body cameras have been a recent addition to the tools of law enforcement agencies. The video recording captured is usually from the police officer’s perspective, and its significance is no less than dash cam footage. Given that it records the interaction between police officers and civilians, data privacy must be taken into consideration when using the footage for DUI cases. Todd Spodek understands the ethical implications of body camera footage and ensures that the video evidence is legally obtained.
Field Sobriety Tests (FST) are standardized tests performed to determine if you’re intoxicated while operating a vehicle. If the law enforcement officer performed the test inaccurately or failed to adhere to the standardized procedures, it could be a significant matter of concern for the accused individuals. Todd Spodek is not afraid to aggressively cross-examine arresting officers who manipulate evidence.
| Test Name | Description |
|---|---|
| Horizontal Gaze Nystagmus (HGN) | An officer checks the eyes of the suspect for any wobbling, which is a symptom of alcohol-impaired vision. |
| Walk and Turn (WAT) | The officer checks the environmental conditions while measuring the walking heel-to-toe ability of the suspect. |
| One-Leg Stand (OLS) | The officer checks the balance and attention of the driver by measuring the time a suspect can stand on one leg. |
If the arresting officer deviated from the standardized test’s procedure, the verdict cannot be based on these tests. A video recording can act as a useful tool in identifying deviations from standardized tests, thus proving that the arresting officer did not follow the standard procedure.
The defense attorney is likely to make a request for the video recording from the law enforcement agency that conducted the investigation. Suppose the police department possesses records of the dash cam or body cam footage. In that case, they are legally required to turn it over when requested to do so. However, legal demand states that the video evidence is turned over without any modifications, appropriate formats and legal logistics is taken care of.
Todd Spodek has vast experience undertaking legal demand while ensuring that correct legal procedures are observed while requesting video evidence. Immediate action is necessary if you think video evidence can assist in your DUI case.
If you face a drunk driving charge, you need to work with an experienced DUI attorney that knows how and when to collect video evidence effectively. Each case is unique, and Todd Spodek takes a “tailored approach” to every case. A video recording can act as a catalyst to prove misplaced allegations, wrongful or incorrect investigation procedures, and malicious intent by the arresting officer. In any case, an experienced DUI attorney can help you evaluate the video evidence to make a compelling argument that could reduce or dismiss your charges.
Very diligent, organized associates; got my case dismissed. Hard working attorneys who can put up with your anxiousness. I was accused of robbing a gemstone dealer. Definitely A law group that lays out all possible options and alternative routes. Recommended for sure.
- ROBIN, GUN CHARGES ROBIN
CALIFORNIA CRIMINAL DEFENSE ATTORNEYS