Georgia DUI Video Evidence
Many Georgia law enforcement patrol cars contain video cameras that record every part of the driving under the influence arrest. From the suspect’s driving to his or her appearance and field sobriety test performance, the video captures evidence that can be used against or by the defense. If you believe that your DUI arrest was recorded on video, you should speak with a qualified defense lawyer to determine if the footage is useful for your case.
While you would expect that the police would preserve evidence in DUI case, the unfortunate fact is that it is sometimes erased before the defense can review it, either by accident or for insidious reasons. There have been reports of officers destroying video evidence if the defendant did not exhibit any signs of impaired driving—that is, there was a lack of erratic driving, slurred speech, or failed field sobriety test results.
Exculpatory evidence is evidence that may play a key role in the defense’s case. Law enforcement is required to turn over any exculpatory evidence—if it is lost or destroyed, your lawyer could argue that your due process was denied. However, if the evidence is not exculpatory but could have been useful to your defense, it is only considered a denial of due process if videotape was lost or destroyed in bad faith. Unfortunately, the defense must prove to the court not only that the evidence was exculpatory or potentially useful, but that it was erased by law enforcement in bad faith.
If your Georgia DUI video evidence is erased, your DUI defense lawyer can check for any Department of Transportation (DOT) cameras or private surveillance recordings in case they captured the circumstances of your arrest.
If your video evidence is preserved, your lawyer may watch it to see how you acted both before and during the traffic stop and arrest. If your behavior was normal and you performed the field sobriety tests correctly, these facts can help show that you are innocent of drunk driving.
Interested in learning more about Georgia DUI video evidence and how it could help your pending case? Contact our law firm today by filling out our convenient online form.
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