Will Dash Cam Footage Hurt or Help Your DUI Case?
In the National Football League, coaches have the ability to throw a red flag to challenge a call on a play that just happened, and to ask the referee to review the video to clarify whether the correct decision was made. In some cases, an overturned call has drastically changed the outcome of a game, and the fortunes of the teams on the field.
The same can happen with an arrest for driving under the influence (DUI). Most law enforcement agencies equip their patrol vehicles with cameras to record video and audio of traffic stops. Some agencies have now required their officers to wear body cameras, which give both the prosecutor and defense an objective, unfiltered look at your arrest and the moments leading up to it. Depending on what the camera saw, your lawyer might have their own challenge flag to throw in court to help you win your case.
MVARS and Body Cams
Many law enforcement vehicles are often equipped with Mobile Video/Audio Recording Systems (“MVARS”). These are cameras that are mounted on the police car’s dashboard and can record video and audio of the interactions between the officer and the driver.
In addition, many law enforcement agencies have recently begun equipping officers with cameras worn on their bodies that record video and audio of the officer’s interactions with the public. While California does not require all agencies to use these systems, many agencies use one or both of these systems to capture evidence during traffic stops.
If you are arrested on suspicion of DUI, one or more of these systems may have recorded your arrest and the moments that led up to it. If there is video and audio available, it is possible that the camera recorded evidence that could lead to your case being dropped.
· That you passed a field sobriety test,
· That you showed no signs of intoxication; or
· The officers who stopped you over had no probable cause to pull you over.
However, just like in a football game, the call on the field can be found to be correct. For example, if you stumbled while performing a balance test, the camera may have recorded it. The microphone may have recorded your speech, which might reveal that you were slurring your words. There is also the possibility that the camera may not have completely recorded the incident, if your actions were out of its field of view.
You Have a Right to the Camera’s Recordings
California law gives you the right to evidence that is to be used against you in a court of law, as well as evidence in the possession of the police that could clear you of the crimes. An experienced DUI defense attorney will be help you request that evidence. Once it is received, your attorney can analyze it and determine how it will help or hurt you, as well as the other evidence that will be used in your case.
Contact the DUI Defense Attorneys at Wallin & Klarich Today For Help With Your Case
A DUI charge can dramatically affect your life. That is why you should retain the help of an experienced, professional DUI defense attorney who can review all the available evidence to present the best case possible. At Wallin & Klarich, our attorneys have more than 35 years of successful experience in helping people like you defend themselves against DUI charges. Our dedicated and knowledgeable team of attorneys is ready to help you, too.
With offices in Orange County, Riverside, San Bernardino, Los Angeles, San Diego, West Covina, Torrance, and Victorville, there is an experienced and skilled Wallin & Klarich DUI defense attorney available to help you no matter where you are located.
Contact our offices today at (877) 4-NO-JAIL or (877) 466-5245 for a free, no-obligation phone consultation. We will be there when you call.