How Video Evidence Can Change Everything in an OUI Case

“Mr. [X] was extremely uncooperative during the booking process.”

This quote was from a police report in an OUI Second Offense arrest in the Clinton District Court area that was defended by Attorney James DeGiacomo. The problem: in the booking video the same officer that wrote that report thanked the defendant for being so cooperative.

“Mr. [Y] was highly intoxicated.”

This quote was from a police report from an OUI in the Plymouth District Court area that was defended by Attorney DeGiacomo. The problem: in the booking video, the defendant looked completely sober.

These are just two examples of how videos can alter the defense of an OUI. With OUI/DUI cases, you can usually expect the police officer to testify to everything that he wrote in the police report. If there is video that differs from the report or testimony, then an experienced OUI Attorney can call everything into question.

There are typically four types of video evidence that Attorney DeGiacomo looks for in OUI cases:

  1. Booking Video. This is the most common type of evidence and is a recording that is made by the police at the station once the defendant is transported there after an arrest. These videos can show how the defendant looked minutes after the arrest, and can also be important evidence in challenging a breathalyzer test.
  2. Dash Camera Video. This is a video from a mounted camera on the police car. This type of video can help challenge the testimony f an officer as to the defendant’s driving and can be used to suppress all evidence if it differs greatly from the police report.
  3. Body Camera Video. This is a video from a camera attached to an officer’s uniform. This can help challenge any statements that were made by the defendant and can assist in challenging testimony about field sobriety tests.
  4. Surveillance Camera Video. This is video that typically comes from surveillance cameras on businesses that were located near the police stop. While there is often no sound, they can assist in showing how the defendant looked during the stop.

One of the biggest challenges with video evidence is that it is not always saved properly. This has become such a large issue that one Massachusetts District Attorney sent a directive to all police chiefs in his county directing them to keep videos for at least 30 days. However, 30 days often isn’t long enough if you don’t have an experienced DUI Attorney to ensure that the evidence is preserved correctly.

Attorney James G. DeGiacomo is an experienced OUI Attorney who has successfully used video evidence to secure not guilty verdicts for their clients. If you have been charged with an OUI or a DUI, call Attorney DeGiacomo today.