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Bouldin Law Firm
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Watch the DUI Videos

In Northern Kentucky as well as elsewhere most police agencies have video cameras in the vehicles of the officers. This video generally always records and kicks on about one minute prior to the time when the lights/emergency is activated. This allows the officer to record not only the DUI field sobriety tests, but also a minute of the driving which led to the stop of the vehicle. Why watch? Well the answer is both simple and multiple: First, the officer must have probable cause to stop a vehicle. If the officer was following the Defendant, that bad driving which led to the probable cause most likely would have occurred just prior to activating the emergency lights. If there is no bad driving or other reason for the stop, there is a chance that the entire stop can be suppressed in a hearing before the trial judge. Second, officers often misstate the facts of the case. There have been numerous tapes which I have watched in which the officer either overstates or makes mistakes about how the defendant performed on the field sobriety tests. In a number of cases, the prosecutor or the police agency will turn the video over to defense counsel without reviewing the tape/CD. This is particularly advantageous to the defendant in that counsel will have the ability to cross examine, knowing the facts, and the officer will have to rely solely on his recollection. It is a rare occasion that the defense attorney has more knowledge than the prosecutor or the officer; it should be utilized. Finally, the video may confirm the statements of the officer and that the Defendant was very intoxicated and miserably failed the field sobriety tests. If that is the case, there may be an advantage to enter into a plea agreement to avoid the video being shown at the trial. Such a video may incite the judge or the jury into recommendations of more harsh sentence if the case proceeds to trial If you have been arrested for DUI, your attorney should request the video in discovery. If a video does exist, the Defendant is entitled to review it. There are a number of basis for obtaining the video, but the most common is that it may provide exculpatory evidence favorable to the Defendant. If you have questions or wish to consult with an attorney regarding a DUI in Cincinnati or Northern Kentucky, call Mike at 859-581-6453 or email at [email protected] . Best wishes.

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