Evidence that is typically available in discovery in a DUI case include body mounted camera footage, chest mounted camera footage, or dashcam video footage. The type of video footage will depend on the police department. The recordings are available through the district attorney’s office. You can file an open records request. However, you usually have to get permission from the prosecuting agencies to get the video unless the judge overrules it. Sometimes, you can get the video at trial if the case goes that far.
Is Video Evidence Admissible In A DUI Case?
Video evidence in a DUI case is admissible. However, there are limited times when video evidence will not be admissible. Inadmissible evidence would be if something is mentioned by past DUIs that is not relevant to the case. Also, if the police arrest you and start interrogating you, that triggers Miranda Rights. Typically, all the interrogation is implied. However, if they start interrogating you, and you don’t waive your Miranda Rights, that could be drawn out from the video evidence. Those are some limited circumstances where a part of the video could be inadmissible. Most of the videos will be shown to the jury as a depiction of the events that occurred on the night or day in question.
Could My DUI Case Get Dismissed If There Are Discrepancies Between The Officer’s Report And The Video Footage?
Discrepancies between an officer’s report and video footage in a DUI case is less likely to help the case get dismissed than to affect the evidence in front of a jury. It’s not an automatic dismissal by any means if the officer’s police report was different from what the video shows. The officer could just claim that they made a mistake when they wrote the report. However, it can affect how the video and officer’s testimony are seen by the jury. It will also affect how the district attorney handles a case. More than likely, it will not prompt a dismissal.
Can Certain Video Evidence Be Suppressed By The Prosecution Or Defense In A DUI Case?
Certain video evidence can be suppressed by the prosecution or defense in a DUI case. Usually, the defense is the one who suppresses the evidence. If the prosecution mentions prior history that’s irrelevant to the case or interrogated you without reading you your Miranda Rights, the video evidence can be suppressed.
What Are Some Things That A DUI Defense Attorney Looks At To Determine If The Officer Followed Proper Protocol In A DUI Investigation?
A DUI defense attorney will look at police reports and videos to determine whether an officer followed the proper procedure. However, the procedure in the police report is written in a way that resembles an outline. Nonetheless, that’s what defense attorneys use to assess whether something was out of balance.
Can Any Communication Between The Defendant And The Officer Be Used Against The Defendant While On The Way To The Station After An Arrest?
Any sort of communication between a defendant and the officer can be used against the defendant, even while on the way to the station after an arrest. State trooper cars have video equipment in the back for just that particular reason. They want to show your demeanor, eyes, coloration, and any conversation you have on the way to the police station. That’s all admissible. However, if the officer asks you questions after an arrest and didn’t read you your Miranda Rights, that could be suppressed. People who sit in the back tend to do a soliloquy about their life. That isn’t helpful to your arrest because you are creating more evidence every time you open your mouth.
For more information on Video Evidence In A DUI Case In Georgia, an initial consultation is your next best step. Get the information and legal answers you are seeking by calling (912) 236-4878 today.
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