It is not unusual for a prosecutor to obtain dash cam video footage of your DUI traffic stop that they plan to use against you in court. While this may cause you to worry or become overwhelmed with anxiety, the good news is that dash cam video does not automatically sink a DUI defense. In fact, sometimes, dash cam video footage can help your defense.
What are dash cam videos and how do they work?
According to Nexar, a popular dash cam manufacturer, dash cam videos are simply video footage recorded by a small camera device placed on the dashboard of your vehicle. It is completely legal for any individual to have a dashboard camera in the state of Maryland as long as their view of the road and other vehicles is not cut off due to the device being in the way.
Many Marylanders and police officers have dashboard cameras installed in their vehicles to ensure that there is video evidence of a traffic stop or accident. They believe that this will reduce questions and the “he-said she-said” instances because the proof of what took place is basically in your face.
How can a dash cam video help a DUI defense?
A dash cam video does not automatically sink a DUI defense. In fact, if the video footage is clear and shows the exact circumstances that took place, it can provide a helpful, unbiased witness to what happened during your DUI traffic stop.
If a police officer is exaggerating or lying about your DUI stop, the dash cam video footage may be able to help your defense by showing the details of what happened during the moments of your stop. For example, if a police officer states that you showed signs of being intoxicated during the traffic stop but the video shows that you were coherent, speaking clearly, and following the directions of the officer, this may work in your favor. The reason for this is because the video shows that the officer is not being factual in his or her statements.
When law enforcement pulls a person over for a possible DUI, they may conduct a series of field sobriety tests, which typically helps them determine if the individual is driving while under the influence. Some of these tests may include standing on one leg, walking a straight line, breathing into a breathalyzer, and more. If the officer tells the court that they conducted these tests but the dash cam video shows that they did not or that you easily passed them, this may show the court that there are flaws in their story.
In addition, if the officer takes the witness stand, a criminal defense attorney may ask them several questions about his or her version of what took place during the DUI stop. They may take an oath stating that they will tell the truth, but this does not mean that they will not embellish or exaggerate the events and circumstances. That said, when the dash cam video footage is played in front of the jury, the officer’s answers may be found false if their statement does not align with the video.
How can a dash cam video hurt a DUI defense?
While an experienced and skilled Annapolis criminal defense lawyer may be able to successfully use dash cam video to help your DUI defense, there are some cases where the video footage may be used to the prosecutor’s advantage instead. For example, if your lawyer states that there was no reasonable suspicion to pull you over in the first place, but the video shows your vehicle swerving in and out of the lanes and speeding, this could significantly hurt your defense.
Another common example of how a dash cam video could put a damper on your defense is if your criminal defense attorney argues that the officer gave false information regarding your field sobriety tests, but the dash cam footage shows that you continued to have slurred speech and could not walk a straight line.
Other scenarios where dash cam videos could hinder defense arguments are when they show that the officer read your Miranda Rights loud and clear, you blatantly admitted to drinking and driving, and the officer properly followed all rules and regulations before asking you to take a breathalyzer test.
An Annapolis criminal defense lawyer is here to assist you
When you hire a knowledgeable and experienced criminal defense lawyer such as Drew Cochran to represent your case, you can rest assured knowing that you are in good hands. I will work hard to obtain the dash cam video footage from your DUI stop, review it, and come up with several ways that we can use it to help your defense. Depending on what the video footage shows, I will keep you updated and aware of the legal options you may pursue.
In addition, I will be on the lookout for possible ways that the dash cam video footage may be used against you. As a result, I will develop alternative defense options to use if needed. My team always has your best interest in mind, and we will do everything we can to stand up for your rights and fight your DUI charge.
If you have been pulled over for a DUI and believe that a prosecutor is planning to use dash cam footage against you, please contact Drew Cochran Attorney at Law immediately. With more than 20 years of experience with DUI cases, I am extremely familiar with the issues that may arise when it comes to dash camera videos. Call one of our offices in Ellicott City or Annapolis at any time, or submit our contact form and the staff will be glad to schedule your free case evaluation.
And remember: Keep Calm – and Call Drew.
