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In Texas, many law enforcement agents have installed video cameras in patrol cars in order to record traffic stops. Most of these devices also record audio during these interactions. If the evidence on the video is favorable to you, it may used as evidence on your behalf during your driving while intoxicated (DWI) case.
Part of the prosecution’s case may relay on the arresting officer’s testimony. The officer may describe behavior that indicated that the driver was under the influence, such as slurred speech, erratic behavior, or poor performance on the field sobriety tests. Many of these observations are purely subjective; however, with videotape evidence, a defense attorney may be able to successfully argue against the officer’s claims.
Getting Your Video Tape Evidence is Complicated
When investigating your DWI case, your attorney may request a copy of the video recorded during your traffic stop. This can be a complicated process that involves several people as well as duplicating the tape. If you hire an attorney experienced in drunk-driving defense, he or she will know who to contact to obtain this evidence.
After receiving the tape, your attorney may hire a person to carefully transcribe every word spoken during your interaction. The person who transcribes the tape should also record any relevant actions, such as whether the officer leaves for a length of time or important gestures.
When your attorney reviews the tape, he or she will look for certain things. For example, was your field sobriety test administered in a safe location? Did the officer demonstrate the correct way to perform the test? Did the officer watch you for the correct amount of time before administering the breath test? Were you advised of the implied consent warning? If the answer to any of these questions is “no,” the video can be used to help your defense.
Officers typically have a number of cases they work on, and chances are they will quickly review their police report before testifying. In this case, video tape evidence could be used to discredit the officer’s testimony, which could weaken the prosecution’s case.
Get Legal Help Today
If you believe that your traffic stop and arrest were recorded, an Austin DWI video tape defense could be used for your case.