Will there be video of my Arizona DUI?

Q: Will there be a video of any portion of my Arizona DUI? I think that a video will prove that I wasn't as bad off as the officer says in the police report. I think it will also show that the reason for the officer stopping me is bogus.

A: It depends on the case and the jurisdiction.

Police Video Cameras in DUI CasesMost people would think that it would be in the cop's best interest to record the entirelty of a DUI investigation on video. While this may be the case in some states, in Arizona it is far from reality.

Several years ago there was a spike in the number of police vehicles that were equipted with functioning dashboard cameras that would record the stop and the field sobriety tests. In recent years, the jurisdictions that record these events has dwindled to an insignificant number.

Q: Why is that?

A: I don't know the internal police reason, but I can say that as a DUI defense lawyer, I like it when there is a video because it typically is not as bad as the officer's description of events. The police reason could be that it is a hassel the index and preserve the videos in each DUI case, and if they fail to do so then the case might get dismissed or getted.

I have had a Phoenix Police Officer admit on the stand that they stopped recording all DUIs in their DUI vans becuase the prosecutor's office told them to stop!

There are certain jurisdictions that regularly produce videos. To name a couple:

Paradise Valley: Nearly every DUI case I have  handled in Paradise Valley comes with a video of the stop.

Scottsdale: Any time you are taken to the Scottsdale Police department there are security cameras that are almost always on  you. These videos are set on a 45-day destruction cycle, so if you or your DUI attorney don't request it early it will get destroyed.

There are other cases where a video may also be availble.

It is my practice to always inquire of the prosecution whether a video exists. You never know for sure until  you ask.

 

 

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