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. Itโs 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.
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?
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.
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