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Use of Videotapes in DWI Cases

Barnegat NJ DUI Attorneys

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 Evidence

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.

In-Station Video Evidence

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.

Admissions Made by a Defendant on Video

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.

Video Evidence Lost by the Police

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 NJ DWI Defense Lawyers

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.

What Clients Say About Our Ocean County Criminal Defense Attorneys
Exemplary attorneys. I hired them for a DUI and an expungement. I was happy with the results for both cases. Special thank you to Samera for always answering all of my calls and questions JC
I'm 45 years old and this was my first time ever getting in trouble with the law. I was in need of a lawyer and after careful research, I called John F. Marshall Attorneys and was introduced to Abe Basch. Abe was professional, supportive and very thorough. I had three charges against me, one civil and two criminal. I was so scared and expressed that to Abe. The first day I had to go to court, I was an absolute nervous wreck but Abe prepped me and kept my anxiety levels down by going over the process of the courts thoroughly with me. He fought to get my charges dismissed and won all three cases (two court appearances). Abe is positive, confident and he ensured I felt the same way. I'd like to say thank you to Abe for working so diligently on my cases to get them dismissed. I feel like a weight has been lifted off my chest! I highly recommend Abe for any charges you may be faced with. Rose C.
I was out of state on a family emergency and I had to retain council asap as a boy friend was sitting in county jail with the new no bail point system and Mr marshal and staff made me feel Soo much better knowing that my detained loved one was in such great hands! He spoke to me as I was outta state kept in touch allowed me to work out payment due to the situation and just all out the difference in my bfs voice alone with all the medical problems and such he was going threw sounded better than he had since the first day he was there and was Soo happy that Mr marshal went that day retained to see him in the jail and have him ready for court which wasn't supposed to be till Friday but again Mr marshall and team got it so we can get him now on wendsday and all I have to say is if your looking for a real down to earth lawyer that will work with you and help in anyway possible and I can't for get the team at the office TONI and everyone else thank you again I'd give 100 stars if I could! Nicole J.
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