New York Police have a number of methods for combatting DWIs. Some are based on technology such as the breathalyzer while other sobriety tests are based on officer’s perceptions. A device that combines technology with perception is the DAX evidence recorder which has been used by NYPD for about two years.
How Does The System Work?
After an officer pulls over an individual who they believe is intoxicated they can conduct an exam with the help of an evidence recorder. An officer can conduct a field sobriety test that includes an eye test which is recorded by the machine. The machine is made up of a goggle like frame that allows officers to manually test the eyes of an intoxicated subject while still recording the alleged drunk driver’s eyes.
Is Evidence From DAX Admissible in Court?
Like many other questions in the legal world, the answer to this one is “it depends.” The DAX recorder provides merely a recording of a test an officer is conducting. It does not administer any additional tests or provide any statistical data. It allows for simultaneous recording while an officer is performing a test that has long been used in the law enforcement community. New York Courts have held videos, including testimony of someone watching a live video, to be admissible in a number of situations.
However, just because a particular type of evidence is admissible, does not mean it will come in at your trial. Our firm has years of experience challenging evidence in DWI and DUI cases. We will fight any evidence that will hurt your case. We have successfully challenged even some of the most accepted evidence. It is also important to realize that the law is continually evolving and something that may be admissible one day may be inadmissible shortly thereafter.
How is Video Evidence Used in DWI Trials Generally?
Video evidence in a DWI trial may play an important part in a prosecuting attorney’s case against someone convicted of driving while intoxicated. In order for a video to be introduced, it must be relevant to the case. The video footage that prosecuting attorneys plan to show must be a fair and accurate representation of what happened during an arrest. Many officers have cameras on their dashboard or on their person that record many of the events surround a DWI arrest. These videos may show some of the driving that led you to be pulled over, the stop and some standard sobriety tests.
While prosecutors often rely on video evidence to prove drunkenness, video can also help your case as well. It may help you if you have been unlawfully arrested, or if the police make any misstatements at trial, the video can help set the record straight.
Videos can be used by both sides to harm or help a case so it is important that if there is video footage of your arrest that it is used in the right way.
How Can We Help?
Charged with a DWI in New York? Contact our team today to learn your options. We’re available 24/7; (877) 435-7394.
DISCLAIMER: The exclusive purpose of this article is educational and it is not intended as either legal advice or a general solution to any specific legal problem. Corporate offices for Nave DWI Defense Attorneys are located at 269 W. Jefferson St.; Syracuse, New York 13202; Telephone No.: (315) 473-0899. Prior results do not guarantee a similar outcome. Attorney Advertising.