Use of Videotapes in DWI Cases

Videotapes arise in a number of contexts for individuals charged with DWI in Barnegat and other towns in Ocean County. Almost every patrol car owned by the Barnegat Police Department and the New Jersey State Police is equipped with a mobile video recorder. The arrest video has therefore become part of the standard discovery requested an attorney following a DUI arrest. If you are facing a DWI/DUI, our lawyers are adapt in securing and analyzing video evidence as members of a defense team that handle as many as two hundred DWI cases annually. An attorney on our staff, perhaps the former Barnegat Township prosecutor, Matthew Dorry, is ready to speak to you anytime 24/7. Matt can also help you in one of the other area jurisdiction which he has served including Stafford Township, Lacey, Point Pleasant Beach, Jackson, Berkeley, Manchester, Beach Haven, Toms River, Beachwood, Eagleswood, Little Egg Harbor, Long Beach, Ocean Gate, Ocean Township, Pine Beach, Surf City, Tuckerton and South Toms River. Your initial consultation with our attorneys are free of charge. Contact us at (732) 286-6500 to speak to a lawyer now.

Roadside video is the type most often dealt with in DWI cases. This form captures the following:

• Operation once the emergency lights are activated;
• What occurred when the police officer approached your vehicle;
• Anything that did or did not happen as you exited;
• The conduct of the police officer and you while you were outside of the vehicle;
• Roadside field sobriety tests;
• Arrest; and
  
• Statements during the encounter (i.e. words chosen, clarity, tone, etc.).

A roadside video can cut either way in a DWI. It can be exculpatory, in other words, tend to support innocence, when it depicts the accused acting relatively normal. Conversely, the video can be extremely damaging if it is a fall down situation. When this occurs, escaping a conviction for DUI becomes more difficult. A common issue with roadside video is the fact that viewing of roadside field tests is frequently obscured/blocked by the vehicle of the defendant.

We often attempt to obtain in station video to pinpoint precisely what occurred when, for example, the Alcotest reading was taken. There is strict protocol for performing a breath test and police are typically resistant to providing copies of in-station videos. It is common for our lawyers to have to file a motion to compel this form of video evidence.

Every defendant is entitled to receive a Miranda warning when he/she is undergoing a custodial interrogation. Statements which tend to incriminate that violate Miranda should be excluded. The key delineation here is when questioning turns from an investigative inquiry into interrogation.

The Supreme Court outlined in Brady v. Maryland how courts should treat prosecutions when police lose video and other important evidence. A key to deciding whether the case should be dismissed for this conduct is whether the destruction or loss was intentional.

Stafford Township is probably better known to the public as Manahawkin but this certainly is not the case for the DWI defense lawyers at our firm. The municipality is a hub for DUI charges and plenty of video evidence is generated by its police department. If you were arrested in Stafford or elsewhere in the county, the attorneys here at Law Offices of Jonathan F. Marshall are capable of protecting your interests. Call us at (732) 286-6500 to speak to a lawyer immediately. An attorney is ready to take the time to review all the facts of your case 24/7.