Driving under the influence is one of the most heavily prosecuted offenses in Colorado, and the penalties can affect nearly every aspect of a person’s life. With so much at stake, dashcam video evidence that captures the moments leading up to and following a traffic stop takes on enormous importance. While prosecutors may view the footage as strong support for their case, the reality is that dashcam evidence is not always as reliable or complete as it seems. At the Law Office of Kimberly Diego, we can uncover flaws in the recordings and possibly turn the prosecution’s own evidence into a point of defense.
Read on to learn ways your lawyer can use dashboard camera evidence to challenge DUI cases in Denver.
Questioning the Accuracy and Completeness of the Footage
Dashboard camera footage may not always provide a complete or accurate depiction of the events. Technical limitations, such as poor lighting, obstructed views, or camera malfunctions, can result in incomplete or misleading recordings. For instance, a camera may fail to capture the full context of a driver’s actions during a field sobriety test, such as uneven terrain or external distractions affecting performance.
Additionally, footage may be edited or fail to include audio, which can omit important interactions between the officer and the defendant. By highlighting these deficiencies, a defense attorney can argue that the footage does not present a reliable account of the incident, potentially undermining its weight in court.
Challenging the Officer’s Conduct and Adherence to Protocol
The conduct of the arresting officer, as depicted in dashboard camera footage, can be scrutinized to identify procedural errors. In Denver, law enforcement must follow strict protocols during DUI stops, including properly administering field sobriety tests and clearly articulating the basis for the stop.
If the footage reveals that the officer deviated from standard procedures, failed to provide clear instructions during sobriety tests, or lacked probable cause for the stop, this can weaken the prosecution’s case. For example, improper administration of tests like the Horizontal Gaze Nystagmus (HGN) can render the results inadmissible. A Denver DUI defense lawyer can demonstrate these lapses through careful analysis of the footage, casting doubt on the validity of the evidence and the officer’s credibility.
Examining the Calibration and Maintenance of the Camera Equipment
The reliability of dashboard camera footage in DUI charges depends on the proper functioning and maintenance of the equipment. If the camera system is outdated, poorly maintained, or improperly calibrated, the resulting footage may be distorted or inaccurate.
A defense attorney in Denver can request maintenance records and calibration logs to verify whether the equipment was functioning correctly at the time of the stop. For instance, a misaligned camera may fail to capture key details, or a malfunctioning timestamp could raise questions about the sequence of events. By raising concerns about the equipment’s reliability, the defense can argue that the footage should not be treated as conclusive evidence.
Highlighting Violations of Constitutional Rights
Dashboard camera footage can also reveal whether an officer violated a defendant’s constitutional rights during the DUI stop. The Fourth Amendment protects those facing criminal charges from unreasonable searches and seizures, requiring that police initiate a traffic stop or make an arrest only if they have reasonable suspicion or probable cause.
If the footage shows that the officer lacked a valid reason for the stop or conducted an unlawful search, the dashboard camera evidence may be deemed inadmissible. For example, if the officer is seen searching the vehicle without consent or a warrant, the defense can initiate a motion to suppress the footage and other evidence. Such challenges can significantly weaken the prosecution’s case.
Disputing the Interpretation of the Footage
Even when dashboard camera footage appears clear, its interpretation can be subjective. The prosecution may present the footage as definitive proof of impairment, but a defense attorney can offer alternative explanations for the defendant’s behavior.
For instance, footage showing a driver stumbling during a field sobriety test can be attributed to fatigue, medical conditions, or environmental factors rather than intoxication. A lawyer can present expert testimony or additional evidence to challenge the prosecution’s narrative and create reasonable doubt.
A Denver Defense Attorney can Challenge Dashboard Camera Evidence
Challenging police dashboard camera evidence in Denver DUI cases is a key component of building a robust defense. A Denver DUI defense attorney can analyze and contest dashboard camera footage, which can influence the outcome of the case. If you are facing DUI charges in Denver, the criminal defense team at the Law Office of Kimberly Diego is dedicated to examining every detail of your case. Contact our office at 720-257-5346 or reach out to us online today for a complimentary case evaluation.
