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Can the video of a DUI arrest be used to defend the charge in court?
Question:
Can the video of a DUI arrest be used to defend the charge in court?
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Get Informed - DUI/DWI Law Information
We've got a large library of DUI and DWI law articles, Q&A's and other resources. Start here to learn about DUI laws, arrests, defense, penalties and more.
DUI Basics
Get the low down on the law and what you can expect if you're arrested and charged with a DUI.
Get the low down on the law and what you can expect if you're arrested and charged with a DUI.
Your DUI and the DMV
Besides the court and criminal charge the Department of Motor Vehicles will also bring you grief.
Besides the court and criminal charge the Department of Motor Vehicles will also bring you grief.
DUI Arrests, Police Reports, Arraignments, and Fees
After you're arrested, booked and released, you'll need to get ready for your arraignment.
After you're arrested, booked and released, you'll need to get ready for your arraignment.
DUI/DWI Charges and Penalties
After a DUI conviction expect fines, license suspension, DUI school, and sometimes jail.
After a DUI conviction expect fines, license suspension, DUI school, and sometimes jail.
Fighting a DUI
You may have options to lessen the sentence, get a reduced charge or get the case dismissed.
You may have options to lessen the sentence, get a reduced charge or get the case dismissed.
Getting Help with a DUI/DWI Charge
There are some things you can do yourself and some which require the help of an attorney.
There are some things you can do yourself and some which require the help of an attorney.
When you are arrested for DUI, you may have a few potential arguments you can make to defend the charges against you. One of the major arguments people make is that they weren't actually impaired and/or that there was no probable cause to give them a breathalyzer or field sobriety test.
The US constitution protects every citizens rights and ensures that you are not subject to unreasonable search and seizure. These protections guarantee that you won't be searched or subject to testing if there is no probable cause to test you. If you were pulled over for some unrelated infraction, like a broken tail light, and an officer simply decided to test you for no reason, this may be considered illegal and a violation of your constitutional rights.
In such cases, DUI video evidence in court can be useful. If you can show on the video that you were completely sober and that there was no reason to suspect that you were drunk, then you can potentially have the evidence against you thrown out for being obtained illegally.
If you plan to make this or any other argument against DUI charges, you should consult with an experienced DUI attorney. Your lawyer can represent you in court, assisting you in gathering the evidence necessary to make a strong argument against the charges you face.
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