Am I able to view the video of my DUI before consulting a lawyer?

Question

I was arrested for a DUI at a roadblock. I took a field test but refused a breathalyzer. I was subsequently arrested with little to no evidence that I had been drinking or was impaired. My question is how do I find out whether or not a video exists of the field sobriety test and arrest? I do not have the financial ability to afford a lawyer and may end up representing myself in court, so it is of utmost importance that I have all the facts regarding my incarceration.

Leonard A. Kaanta · Answer

You can a court appointed attorney, only a fool has himself for a client.

Stephen Freeborn · Answer

You were foolish to refuse the breath test.  Under the implied consent law, by refusing the breath test, your license WILL be revoked by Department of Licensing for a minimum of one year, even if you are not convicted of the DUI.  The fact that you refused the DUI can also be used as evidence against you in court.   At this point, I would tell you to stop messing around and get your self an attorney before you wreck your case even further.

Gregory Casale · Answer

The booking video is available to you through discovery, which the ADA must provide to the defendant. If you cannot afford a private attorney, the court will provide one for you for a nominal fee. It is extremely difficult to represent yourself for any court proceeding, especially a trial. The court will not afford you any slack or understanding for not knowing the Rules of Evidence & Procedure. You wouldn't even know how to present the booking video into evidence if you had it, most likely. If you didn't know the correct procedure, the ADA could object and keep it out of evidence.

Larry Dunn · Answer

An accused person has a statutory and constitutional right to disclosure of   the evidence which is in the possession of the State and intended to be  used  against a person. The right to discovery can be asserted by a person who  is  representing them self (in proper person).

Michael J. Breczinski · Answer

You could get a judge to have the police make a copy of the tape available to you.  You should think about an attorney.  You can represent yourself.  It is legal. It is also legal to remove your own appendix with a Swiss Army Knife and no pain killer.  Both procedures are equally painless and error free.

Terry Nelson · Answer

No.  Your attorney will be able to subpoena it into court, you could do so pro per.

Francis Cowhig · Answer

Generally the answer is no.  If you cannot afford an attorney, request the court to appoint a public defender to represent you.  Your public defender will be able to obtain a copy of the video, if it exists.  If you represent yourself, you will be doing yourself a disservice, as defending a DUI case can be complicated.

Jennifer Leigh Gottschalk · Answer

In most states, if you cannot afford a lawyer, a public defender can be appointed to represent you.  You would have to be deemed financially qualified for the public defender by the judge in your case.  You would not be able to obtain any video until you requested for it, and paid for it, during the pretrial discovery process.  If you get a lawyer, the lawyer should request all discovery, including any video that exists.

James Gandy · Answer

You need to submit an informal discovery demand on your own.  It usually does not take very long to obtain the video - if it exists.  In my DUI cases, I always refund part of the retainer to my clients if after viewing the evidence/video/audio they decide to plead guilty and not pursue the case.

Jeffrey Pollock · Answer

You do not have that right.

Keven A. McKenna · Answer

Where? Road blocks in RI? Your questions seem odd.

Steven Alpers · Answer

There may not be any video and you will not get any video before you consult with a lawyer.

Jeff Yeh · Answer

They will only give the full discovery to a lawyer. What you get is a redacted version, which mostly certainly won't include the video.

Bernal Ojeda · Answer

If you represent yourself, yes, you should be able to get a copy on disk.

Jason Savela · Answer

There are very few videos in colorado, but you can contact the police agency that arrested you and request all police reports, audio and video. It will cost you 10-50 bucks, but they may say you have to get it from the DA since you refused, you face DMV action. Request a hearing as soon as possible. If you have been served with a Notice of Revocation, then you have 7 days to request a hearing.  Please do that immediately by going to your local DMV office, tell them you got a DUI and you want to request a hearing.  They will give you a form.  Do not request the officer.  We can do that later if we choose to, but most often it means you will lose.  The receipt DMV gives you allows you to drive until the day of the hearing.    Representation begins when client pays attorney an agreed upon retainer and returns a signed fee agreement.

John Schleiffarth · Answer

Many police departments do have dash cams in their patrol cars that record stops and arrests on video. A microphone is worn by the police office to pick up the audio portion of the arrest. There are two components to a DWI arrest, one criminal and one administrative. The administrative portion deals directly with your driving privileges.

John Brennan · Answer

Ask for the information, if it exists, after you are charged.  They should give it to you or at least allow you to view it.  The cost of representation is cheap, compared to the cost which will be visited on you if somehow your defense is botched.

Russell Pietryga · Answer

Depends on the arresting agency.  For instance, Salt Lake City PD does not have videos.  Where the Utah Highway Patrol usually does.  If you cannot afford an attorney, request a public defender.  They will easily be able to get the video for you.

Michael Palumbo · Answer

No it is disclosable during discovery.

Eric Rothstein · Answer

You will not be able to get the video until the DA turns it over as part of discovery during the case.

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Am I able to view the video of my DUI before consulting a lawyer?

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