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Are Videos Mandatory in DUI Arrests?

Is it mandatory that police video tape a DUI arrest?  This is a question which needs further investigation.  Currently, if there is a video then the Defendant is entitled to a copy of it through discovery.  If the Prosecution fails to provide the video, the case may be thrown out or the Defendant will at least be entitled to a lost evidence instruction.   The bigger question which many local police agencies must begin to answer is, "Why is there no video?"  This IS the best evidence.  In a day and age when virtually every person has video readily available on their phone, and video cameras cost less than $100, why are videos NOT mandatory?   Is it a constitutional right to video of a DUI stop and/or arrest?  The Fourth Amendment guarantees the right to be secure against unreasonable searches and seizure.  The Sixth Amendment guarantees a defendant the right to confront witnesses and to have compulsory process for obtaining witnesses.   This is the most important time and event in the life of a defendant.  Why is it not mandatory to video tape this incident?  For example, Boone County sheriff DUI "Specialists" do not have video in their vehicle.  Does this disturb anyone else?  Write your legislators to change this and make DUI arrest videos mandatory.  Ask the judge to make a ruling that lack of video will either (1) be subject to the equivalent of a lost evidence instruction; or (2) invalidate the testimony of the arresting officer. If the judge does not rule in your favor, seek a jury trial. Your attorney can ask the jury to discount the testimony of the officer... question why an officer would not have video of such an important time and event in the life of the defendant. If you have questions about DUI or the use of video evidence, contact an attorney.  For a consultation or representation in Cincinnati or Northern Kentucky, contact Michael Bouldin at [email protected] or call at  859-581-6453 (581-MIKE)

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