If you have been arrested for DWI in New York you should know that there is the possibility that the prosecution may rely on videotaped evidence in your case. In many DWI cases, the arresting officer may have a dashboard camera in their police car. The officer’s video camera may record some of your driving, the initial stop, the initial contact, as well as the administration of standardized field sobriety tests. All DWI defendants should know the ways a police videotape may protect their rights in their case.
A police videotape may be critical if you need to prove a case of police officer abuse and the video may also be useful in protecting you against misstatements in the DWI police report. If the officer’s testimony or report differs from the video, at trial your DWI defense attorney may impeach them.
A police videotape may be useful if you have been unlawfully arrested by showing that you were not read your Miranda rights prior to questioning in the back of a patrol car. After the initial stop in a DWI case, the police officer looks for evidence to show your intoxication, such as you being unsteady on your feet, having slurred speech, and having glassy or bloodshot eyes. Also, the officer may question you about how much you have had to drink and where you are coming from. All of this may be recorded on a police videotape.
Videotaped evidence may help you obtain an acquittal in your DWI case by clearly showed that you were not impaired. A police video may show that your speech was normal, that you had the ability to walk and to stand erect, that you had ability to understand and respond to instructions, and that your general appearance and mannerisms prove you were not intoxicated when you were pulled over by the police.
Can a police video be used against me in court?
For a police video to be used by the prosecution in a DWI case, the video must be material, relevant, and competent to be admissible in court. The police video must also be authenticated or verified. For example, if the prosecution wants to rely on a videotape to show that you were intoxicated, whatever is recorded on the videotape must be a genuine, fair, and accurate portrayal of your impairment by alcohol or drugs.
Usually the arresting officer will testify in court as to the accuracy and authenticity of the videotape recording in order to verify it in a DWI trial. It is important to understand that videotaped evidence of you refusing to take a chemical test at a police department after your arrest may be admissible in court. In addition, the prosecution in your DWI case may also use videotaped evidence of you taking breath and coordination tests in order to show your intoxication. Courts have held that videotaped evidence showing DWI defendants performing field sobriety tests and performing motor-skills exercises do not violate a defendant’s rights against self-incrimination where the videotape gave an accurate portrayal of the defendant’s condition at the time of the arrest and where the videotape clearly had not been damaged or altered in any way.
The attorneys at the law firm of Nave DWI Defense Attorneys are experienced in handling DWI cases. If you need a lawyer who can help you obtain the best possible outcome in your DWI case, call the law firm of Nave DWI Defense Attorneys at: 1-866-792-7800.
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 432 N. Franklin Street, Suite 80, Syracuse, NY 13204; Telephone No.: 1-866-792-7800. Prior results do not guarantee a similar outcome. Attorney Advertising.