QUESTION
What can I do if I received a DUI charge but there was no dashboard video camera in the police car for me to use as evidence?
Asked on Jan 22nd, 2014 on DUI/DWI - California
More details to this question:
Evidence to defend myself in court. The officer lied to get a conviction and it's my word against his. Because there was no camera, can I fight this? In 2014, shouldn't all patrol cars have video cameras?
6 ANSWERS
No, not all patrol cars have video cameras. You need to hire an experienced DUI attorney to represent you.
Answered on Jan 27th, 2014 at 11:10 PM
Social Security Disability Attorney serving Melbourne, FL
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Law Office of Robert E. McCall
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There is no requirement for a video. Criminal DUI charges are always "He said, she said".
Answered on Jan 27th, 2014 at 5:02 PM
Criminal Defense Attorney serving Alhambra, CA
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Francis John Cowhig
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Not all patrol cars are equipped with video cameras. There may be other ways to defend against a DUI depending on the evidence against you. I strongly suggest that you contact an experienced criminal defense attorney for a face-to-face consultation and give him/her all of the facts surrounding your case. (S)he would then be in a better position to analyze your case and advise you of your options.
Answered on Jan 27th, 2014 at 8:01 AM
Criminal Defense Attorney serving Oakland, CA
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Kapsack & Bair, LLP
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Unfortunately, there is no legal requirement for police cars to have video. Because there is no video you are stuck with either the police report's version of your facts or whatever testimony is elicited from the officer under oath at an evidentiary hearing.
Answered on Jan 27th, 2014 at 8:00 AM
There is no requirement that an officer have a camera on the dashboard, so you won't get very far with that. What you need to do now is hire a DUI specialist, and do it soon because you have only 10 days to save your license.
Answered on Jan 27th, 2014 at 8:00 AM
Adoptions Attorney serving Lansing, MI
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Austin Legal Services, PLC
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You can always fight it. They must have given you a chemical test to determine your blood alcohol level such as a breath test or blood draw. There are very strict rules regarding the admissibility and reliability of such tests such as the maintenance logs of the machine, repair history, certification of the operator, observation period, etc. just to name a few. Have an experienced DUI attorney in your area thoroughly review your entire case to determine the best course of action.
Answered on Jan 27th, 2014 at 8:00 AM