Police Video Camera in DUI Arrest

by | Apr 27, 2015 | DUI Defense

As a DUI defense attorney in Colorado Springs, I get a variety of evidence in the DUI cases I defend. Some cases have almost no evidence against my client at all. For example, when my clients refuse to take voluntary roadside maneuvers and a blood or breath test, the only evidence are any observations of the officer regarding intoxication. Other cases, my client confesses to drink outrageous amounts of alcohol, wrecks his vehicle, falls over several times during the roadside tests, and completes a blood test with a dangerously high amount of alcohol in his system.

Dash Camera Or A Body Camera

Occasionally there are cases in which law enforcement uses a dash camera or a body camera to film the interaction with my client. With all of the problems in the media regarding police officers and their behavior, it’s surprising that that more law enforcement agencies don’t use cameras. Two of my recent cases demonstrate why video evidence is so powerful and imperative to a DUI in Colorado Springs.

Marijuana DUI

The first case involved a marijuana DUI. The Officer recorded the interaction because of a disciplinary issue which brought his credibility into question. The amazing part about the recording was that the Officer seemed to forget that his words were being recorded. He threatened my client and told her that if she did not complete the VOLUNTARY tests then she would be arrested on the spot. The video of the tests showed that my client was sober! She did not sway as he had put in his report. She did not step off the line or miscount. In fact, many of the things my client said and did which pointed to her innocence had been left out of his report. If it was not for the video, my client would have been in serious trouble. With the help of the video, the DUI part of the case was dismissed.

Police Video Records Actual Conditions

The second case was very similar. My client had been at a friend’s house hanging out. Over the course of the evening she had a few beers, but nothing which would make her intoxicated. On the way home during a snow storm, she slid off the road in her neighborhood and hit a bush. A friend called the police to report the accident. To my client’s surprise, when they arrived the police accused her of being intoxicated. My client who suffered from anxiety attacks began having an attack. It was hardly mentioned in the officer’s report, but the Officer worked for an agency that recorded client interactions. From the video, it was clear that my client had a mental breakdown due to nerves which affected all of the officer’s observations.  Without the video, the only evidence would have been those things which the officer wrote down.

Contact A DUI Attorney To Protect Your Rights

In the age of modern technology, it is unthinkable that we don’t use that technology to protect people’s rights. In the opinion of this Colorado Springs DUI lawyer, it will benefit both law enforcement and those charged if all interactions were filmed. If you have questions about your criminal case or DUI, please contact our office to speak with a DUI attorney.

James Newby

James Newby

James Newby is a criminal defense attorney in Colorado Springs and the managing attorney of the criminal justice law firm James Newby Law. James got into law because of a deep-rooted passion for helping good people that may have made a poor choice that could have lasting consequences.