DWI Attorney and Prosecutor’s DWI video?
11 months ago by Brian
What can a DWI Attorney do with a Prosecutor’s DWI video?
There are many ways that a defense attorney can build a strong case against DWI charges with the prosecutor’s video in Minnesota.
The specific defenses used will depend on the circumstances of the arrest and the evidence against you.
Analyzing the Video of Your DWI Arrest
With police cars and officers equipped with dashcams and body cameras, there is often video evidence of what happened at your DWI arrest.
While the prosecutor might be ready to use the video against you, your DWI defense lawyer can analyze the video to identify anything that might help with your defense.
There was no valid reason for your traffic stop
To pull you over an officer must have reasonable suspicion that you violate the law in some way.
If their dashcam does not show you engaging in any unlawful conduct prior to the traffic stop, the stop might be unlawful.
Your defense lawyer can request that any arrest or evidence stemming from an unlawful stop be thrown out.
You were not Driving While Intoxicated
If you exit the car or are seen on an officer’s body camera, and there are no signs of intoxication, this video might help with your defense.
The officer might testify that you were stumbling or slurring your words, but if the video shows otherwise, it can be an essential defense tool.
Spot errors in DWI roadside testing
An officer might state that you failed field sobriety tests or that a breathalyzer test showed you were over the legal limit.
However, any errors in administering the tests can cast doubt on the test results.
The video evidence should show that an officer did not give you proper instructions for field sobriety tests.
It might show that the officer did not wait long enough after you previously consumed alcohol to administer a breath test, leading to a false result.
Identifying violations of your rights
Law enforcement officers must ensure that they uphold your constitutional rights during a stop and arrest, even if you are suspected of committing a crime.
Your lawyer can review all videos to see if:
- The traffic stop was justified or not
- The officer had probable cause to arrest you for DWI
- The police unlawfully searched your vehicle without a warrant, consent, or other exigent circumstances
- An officer used excessive force or other harmful tactics
- Your Miranda rights were not given following your arrest and before the police started asking you questions
Not only will video help you hold the police accountable for unlawful conduct at your DWI stop, but it can also often help with your defense against your charges.
Obtaining Video Footage from Your DWI Arrest
Sometimes, a prosecutor might try to keep dashcam or body camera footage out of court in your case.
Usually, this means the footage favors your defense and not their case against you.
Your defense attorney will know how to fight their attempts to suppress the footage and obtain it as part of the discovery process in your case.
When your DWI defense lawyer engages in the discovery, they seek all possible evidence from the prosecutor.
They will review all of the evidence the prosecution could potentially use against you in your case.
Your lawyer will look for ways to challenge their evidence against you, so the prosecutor cannot prove your DWI charges beyond a reasonable doubt.
Sometimes, your defense attorney can find something that leads to the suppression of evidence or something else that casts doubt on your case.
The court might dismiss your case for lack of evidence, or the prosecutor might drop the charges if they believe they cannot prove your DWI.
In other situations, your defense lawyer will need to use video evidence in your favor to defend you in court.
Seek Help from a Woodbury, MN DWI Lawyer Today
At JS Defense, P.A., we know how to build strong cases for our DWI clients, including by reviewing all available evidence and video footage.
Contact us right away if you have been arrested near the Woodbury area. Call: 651-362-9426.