DUI Evidence: Video – The Gold Standard
Most DUI arrests in the Detroit area — meaning Wayne, Oakland, Macomb, or one of the surrounding counties — are filmed by the police car video camera. Obtaining and evaluating this evidence is a basic, fundamental first step required to properly handle a DUI case.
Statistically, more than 1 out of 7 Michigan DUI charges are dismissed in court. The only way for that to happen is to make it happen. That’s why we get the in-car video in almost every DUI case we handle.
For all the work that goes into minimizing the consequences of a DUI charge, nothing is better than just beating it outright. Imagine not having to worry about losing your driver’s license, fines and costs, probation, alcohol testing, classes, counseling, and all the other expensive and inconvenient things that are real life, potential outcomes in a drunk driving case in Wayne, Oakland, Macomb, or one of the surrounding counties.
While things are substantially similar elsewhere in Michigan, our firm concentrates its DUI practice in Wayne, Oakland, Macomb, and the surrounding counties. Rather than blanketing the internet with a “state-wide” sales pitch, we are in these courts regularly and know how each of them tends to handle these cases.
That kind of experience matters, because even with things like getting the police car video, different localities have different requirements. Some police departments will accept a lawyer’s request, copy the video, and send it out along with an invoice. Other departments will copy it first, determine the cost, and then send a bill, releasing the video only when the invoice has been paid. Still others require a minimum deposit, and will then send the video along with an invoice for the balance. Weeks can be lost in trying to get the video if proper procedure isn’t followed in any particular place.
In a perfect world, the police car video will show everything relevant to the DUI arrest. In the real world, however, that doesn’t always happen.
First, as your DUI lawyer, our first question is why you were pulled over. This is almost always the first “line of defense,” and what we hope can be seen on the video. The police report may indicate, for example, that a person crossed the center line, or was weaving, but the video may contradict that. One thing is certain – you’ll never know unless you study the video.
Proceeding without examining the video is kind of like a surgeon trying to repair a compound fracture without bothering to look at the x-ray.
Beyond the reason or reasons given by the police for the traffic stop, the video should (but doesn’t always) capture the initial conversation between the police officer and the driver. If the officer’s account of the conversation as reflected in the police report conflicts with really happened as confirmed by the video, that kind of discrepancy may be helpful in discrediting anything else he or she reports, particularly if such things are not captured by the video.
Once credibility is called into question, it’s hard to restore it.
In most cases, the all-important field sobriety tests can be seen and heard clearly on the video. Unlike the traffic stop, which can involve filming a car at varying distances without the ability to change the focus, field sobriety tests are usually done right in front of the patrol car only a few feet from the camera. Not surprisingly, the police will sometimes conduct these tests just a bit outside the angle of the lens, because nothing can kill a DUI case faster than direct video evidence of a person passing the field sobriety tests.
Again, however, we come back to the proposition that you’ll never know unless you get the video.
Dash-cam video can be a powerful tool in a DUI case, and we believe it should be obtained and reviewed in every DUI case. That’s why we do it.
Getting the Video in Your Michigan DUI Case
The in-car video either backs up the police report or it does not, and there is no way to know which until someone requests it, pays for it and watches it. Every department handles those requests a little differently, and weeks can be lost getting it wrong, which is the practical reason to have a lawyer on the case early rather than late.
Our consultations are free and confidential, and they are done over the phone, right when you call. You can reach our office at 586-465-1980, Monday through Friday, 8:30 a.m. to 5:00 p.m. An answering service takes calls that come in after hours, and there is a contact form and a chat box on this website as well.
We handle DUI and OWI cases in Wayne, Oakland, Macomb, and the surrounding counties. You can read more about how we defend them on our Michigan DUI and OWI defense page.