If you were arrested for driving under the influence (DUI) in Pennsylvania, your arrest was probably captured on video. All police vehicles in the Commonwealth are equipped with dash cameras, and police officers are increasingly wearing body cameras on the job as well.
While prosecutors can use dash camera and body camera footage when pursuing DUI charges, defendants can also use the footage of their arrest to their advantage in many cases. With this in mind, here is an overview of some of the pros and cons of having your DUI arrest captured by a police dash camera or body camera (or both):
Pros: How You (or Your Lawyer) May Be Able to Use the Footage of Your DUI Arrest
Although it might not seem like it, having your DUI arrest captured on video can be a good thing in some cases. In fact, there are a variety of ways that the footage of your arrest could potentially prove helpful for your defense. Some of the ways your DUI lawyer may be able to use the footage of your arrest to your advantage include:
- The Footage Shows that the Police Did Not Follow All Required Procedures – When conducting a DUI arrest, the police are required to follow a variety of procedures. If they do not strictly follow these procedures, your DUI lawyer may be able to use this to show that prosecution is unwarranted or that prosecutors shouldn’t be allowed to use certain evidence against you.
- The Footage Shows that the Police Violated Your Constitutional Rights – If the footage shows that the police violated your constitutional rights, this could also prevent prosecutors from using certain evidence against you. Violations such as initiating a traffic stop without reasonable suspicion, executing an arrest without probable cause, and conducting a custodial interrogation without reading the Miranda warning can all render prosecutors’ evidence inadmissible in court.
- The Footage Disputes the Arresting Officer’s Testimony – The arresting officer’s testimony is often a key form of evidence in DUI cases. As a result, if the footage of your arrest calls your arresting officer’s testimony into question, this is a fact you need to know. This is more common than you might think, and it is a possibility that absolutely warrants investigation as you prepare your defense.
- The Footage Confirms Your Testimony – If you decide to testify in your DUI case, your DUI lawyer may be able to use the footage of your arrest to bolster your testimony. If the footage of your arrest supports your version of the events (in addition to calling your arresting officer’s version of the events into question), this could go a long way toward creating reasonable doubt.
- The Footage Calls the Prosecution’s Other Evidence Into Question – Along with calling your arresting officer’s testimony into question, the footage of your arrest could call the prosecution’s other evidence into question as well. For example, if prosecutors are planning to rely on your blood alcohol concentration (BAC) at trial, footage showing that your arresting officer improperly administered the breathalyzer could prove vital. Likewise, if prosecutors are planning to argue that you failed the field sobriety tests (FSTs), footage showing you maintaining your balance and walking steadily could help you avoid a conviction.
Of course, whether you can use the footage of your DUI arrest to your advantage depends on what the footage shows. It also depends on what other evidence is available to the prosecution. When you hire an experienced DUI lawyer to represent you, your lawyer will carefully review the footage of your arrest to assess its implications, and your lawyer will also determine what other evidence prosecutors are planning to present in court.
Cons: How Prosecutors May Be Able to Use the Footage Against You
When evaluating the footage of your arrest, your DUI lawyer will also assess whether prosecutors may be able to use any of the footage against you. Depending on what the footage shows, some of the ways prosecutors might be able to use the footage to seek a conviction include:
- Proving that you were driving erratically before the police pulled you over.
- Proving that the police followed the requisite procedures for administering the breathalyzer and FSTs.
- Proving that the police followed the requisite procedures for arresting you and interrogating you in custody.
- Confirming the arresting officer’s testimony on the witness stand at trial.
- Raising questions about the trustworthiness of your testimony on the witness stand at trial.
These are just examples. DUI cases are complex, and prosecutors can use a variety of types of arguments and evidence to seek a conviction at trial. To ensure that you are making informed decisions about how to deal with the dash camera or body camera footage of your arrest (or both), you will need to work with a DUI lawyer who is experienced in analyzing arrest footage and who knows how to effectively raise issues with arrest footage in court.
Is the Footage of Your DUI Arrest Admissible in Pennsylvania Court?
If your DUI arrest was caught on video, it will also be important to assess whether the footage itself is admissible in Pennsylvania court. If the police violated your constitutional rights, it is possible that all of the evidence from your DUI stop—including any footage—is inadmissible.
Crucially, however, even if the footage of your DUI stop is inadmissible, it will still be up to you to prove that this is the case. This is yet another area where an experienced DUI lawyer can help—and this is yet another reason why you should discuss your case with an experienced DUI lawyer as soon as possible.
Schedule a Free Consultation with Stroudsburg, PA DUI Lawyer Brian C. Jordan Today
If you are facing a DUI charge in Pennsylvania, it is important that you speak with an experienced DUI lawyer promptly. To discuss your case with Stroudsburg, PA DUI lawyer Brian C. Jordan in confidence, call 570-413-0257 or contact us online to schedule a free consultation today.