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I Was Videotaped By The Police Dring My ArrestAfter being arrested for DUI, some people ask me "Was I videotaped by the police?" "Is that going to make me look bad?"
But, in my experience, video taken during the arrest process absolutely tends to make cases easier to win. Most people are surprised by this, but it is absolutely true, and I'll explain why. Video evidence tends to make DUI cases better because actual video of the night from the night of the arrest is an objective account of what happened. Compared to what the officer testifies to, the video often looks fairly harmless. On the witness stand, the police officer will cite the reasons he decided you were drunk: unsteady on your feet, slurred speech (which you often can't hear), glassy or bloodshot eyes (which you can't see on tape), and other observations. "The Defendant Doesn't Appear Drunk on the Video"These descriptions paint a picture in the jury's mind of a person barely able to function. But more often than not, the videotape just shows a person standing there calmly. Unless the video shows you falling down, and unable to hold yourself up, it is not going to look as bad as the officer described. And this fact will raise doubts about how correct the officer's observations were. Secondly, the video captures everthing, including things that the police did not put into the police report or simply would not testify to. I had a case a couple of years ago where my client was asked if he had any jewelry on and he mentioned having a nipple ring. When we obtained and watched the video, it showed that he had he had extreme dexterity taking off his clothes and his shirt and also it showed that he was joking with the officers. It also showed he looked ridiculous because he had big "man boobs" jiggling. That was something that made the case look silly to the jurors and we ended up winning that case. It's true that defendants often believe there are video cameras at the police station, since there are often signs saying so. And certainly, virtually every police station has surveillance cameras in the front of the police station. But most of the time they are not used in the booking area or during the arrest process. But if videotape of your arrest exists, we absolutely want to get a copy of it, and hopefully, use it to your advantage in your case. Call me now for a free consultation on your OUI charge. Attorney Russell Matson
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There are some police departments that regularly videotape people both
directly from the cruiser during the police stop, and at the police
station when they are being booked, although in most OUI cases, there is
no video evidence.