Video tape evidence can provide powerful evidence to lead to a not guilty verdict on a Massachusetts DUI charge. Many police departments are video-taping the booking process and some departments even have cruiser cameras and or a camera in the back of the police car.
In a recent case from Connecticut, a councilwoman evidently did not realize that the booking was being recorded as she told the officers that she has control over their salaries after being charged with DUI. Video tape evidence is important because it can undermine the officer's description of the performance on the field tests. I had one case where the officer testified that my client failed the field sobriety tests while the video showed someone that appeared to walk a perfect straight line on the nine step walk and turn.
On another case, I was surprised to see that while my client was taking the one leg stand test; the officer was doing the test at the same time. The video showed that the officer clearly did not administer the tests according to his police training and was distracting my client by performing the test across from him.
In a case from New Bedford, the booking video showed that my client attempted to take the breathalyzer three times, but no reading was registered. The officer could be heard expressing surprise that the machine did not obtain a reading.
Every Massachusetts OUI case requires careful investigation, including looking into the availability of all evidence on video or other electronic recording. Video tape evidence can also be powerful evidence to undermine the results of the breathalyzer test and to allow the jury to see a person who does not seem impaired despite the reading of the breathalyzer machine. If you are charged with a Massachusetts OUI, call Attorney DelSignore immediately and let him being preparing your defense. Attorney DelSignore regularly appears in the Taunton, Stoughton, Dedham and Quincy District Courts.
