QUESTION

Are SFST's required to be recorded on traffic stops that have dash cams available?

Asked on Jan 23rd, 2014 on DUI/DWI - Florida
More details to this question:
I was pulled over for license plate light being out (my car doesn't have a place for light), and officer immediately had me exit car to sit in his. After several minutes of questioning, and accusations of using drugs, the officer then had me do sfst's that were not in view of camera. Officer arrested me and said I failed all of his test. It was a very cold night in March with wind advisory, on dark road and I had no coat. I can be heard clearly on tape asking officer if we could go somewhere that wasn't so cold and didn't have such a steep incline to do the tests. I can also be heard while doing tests saying 'I'm freezing' and 'I can't stop shaking.' I passed the ABC's & counting tests that were done inside patrol car. Also, on PC statement the officer said I was 'unsteady' when exiting the car. Itโ€™s clearly visible in video that I had no problem with being unsteady. Unfortunately, the only thing viewable is me walking the short distance from my car to his.
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4 ANSWERS

Bankruptcy Attorney serving Federal Way, WA at Freeborn Law Offices P.S.
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Its not mandatory, but its something I have argued with mixed success (depending upon other facts in the case). If the dash cam is there, why not use it?
Answered on Jan 28th, 2014 at 11:47 AM

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Domestic Violence Attorney serving Denver, CO
Partner at 5280 Law Group
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Most officers do not like the dash cams or don't like to record how they conducted the FST. Commonly, the FST will be performed outside of the view of the camera. Most officers will say that it just didn't record the FST or for some reason the recording device was not on, tape was lost, ect. This is not a reason for the case to be dismissed or a violation of your rights. However, it would be relevant in a jury trial and the jury can decide if there was or was not something to hide. If you are being charged with DUI, you should consult and retain a local DUI attorney. This may be one defense that you have to the charges.
Answered on Jan 28th, 2014 at 11:47 AM

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Michael J. Breczinski
All that you have sais is reason to fight the matter since it sounds like there may be a good defense to the case.
Answered on Jan 28th, 2014 at 11:46 AM

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Social Security Disability Attorney serving Melbourne, FL at Law Office of Robert E. McCall
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All are questions for the Judge to decide.
Answered on Jan 28th, 2014 at 11:44 AM

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