The district attorney must prove every element of the offense of a Pennsylvania DUI charge beyond a reasonable doubt in order to convict you. The district attorney will use any evidence that points to your guilt, including video and audio recordings made by police. The Pennsylvania DUI attorneys at Zachary B. Cooper, Attorney at Law, P.C. will obtain and review all of the evidence against you in your drunk driving case to determine whether your situation can be aggressively challenged.
Police in Pennsylvania are increasingly using video and audio recording devices to collect evidence to support PA DUI arrests. Some agencies use microphones attached to the officers' uniforms to provide audio recordings. There may be microphones in the police car, as well. Video recordings may show not just your interaction with the officer but also your driving pattern before being stopped and your performance of field sobriety tests.
The district attorney prosecuting you for a Pennsylvania DUI will try to use this evidence against you, but in some cases recordings may actually support your defense. For example, a recording of a flawless performance on your field sobriety test will support the theory that you weren't impaired. The officer may have improperly instructed you how to perform the field exercises, or may have failed to ask you whether you have any injuries or physical conditions that may affect your ability to perform the exercises. The video may show that you were wearing shoes with a heel or without adequate support, or that the surface of the area was significantly sloped. A video or audio recording could refute the arresting officer's testimony that you were staggering or slurring your speech.
If any video regarding your stop or arrest exists, it is crucial to obtain it. The Pennsylvania DUI attorneys at Zachary B. Cooper, Attorney at Law, P.C. always ask for this evidence and always thoroughly review it, usually with an expert on field sobriety testing that may assist in your defense.
If a video exists, the district attorney most likely will use that video as evidence in your case against you. It is imperative that your PA DUI attorney review this evidence and determine how it may affect your case.
Recordings made by police sometimes have poor sound quality and inadequate lighting. The arresting officer may not have recorded the entire stop - just the most incriminating aspects. However, it may also be possible to suppress this evidence. The Pennsylvania DUI attorneys at Zachary B. Cooper, Attorney at Law, P.C. will review all of the evidence in your drunk driving case to determine whether it can be used to advance your defense or whether it may be successfully suppressed. Please contact us today for a free consultation.