One question that arises from time to time regarding DWIs is whether a defendant to a DWI charge benefits from getting video evidence in the case. The answer is a resounding ‘yes,’ and for a lot of different reasons, as video evidence can often exonerate a DWI defendant.
The majority of police cruisers and vehicles are equipped with video camera equipment that records the events of a police officer pulling someone over. This is important because the scantest video evidence in a case is better than the best memory of what happened. Where does this come into play?
Once a police officer makes an arrest for DWI he or she will have a responsibility of putting what happened down on paper. More than that, if you challenge your license suspension in court, as you should, than the police officer will have to testify about what happened, and that will also create a record.
With video evidence of what actually happened, an officer must tell the truth in reports, on the stand, and in court. When that does not happen, and it sometimes does not, a good legal team will be able to cross examine a witness against the contents of a video and provide a defense to the charges of what actually happened. This can affect witness credibility, motions to dismiss, and other aspects of a DWI defense.
Right to Discovery
One question you may be asking at this point is how the defendant can come into possession of such a tape. There are several ways in which video evidence will make it into the hands of a defense team in a DWI case. The first, and possibly most important, is a defendant’s right to discovery in a case.
Discovery is a legal tool that compels an opposing side to turn over information it has concerning a case. In civil cases discovery is wide-ranging and can include depositions and requests for admissions crossing both sides and with a requirement they be answered. Of course this would not work in criminal cases because of such protections as the one against self incrimination.
When a defendant is accused of a crime, he or she is entitled to the evidence the prosecution has in its possession so that he or she can mount a defense against it. This includes video evidence. Before a defendant can get all the evidence he or she is entitled to, his legal team must make a request for it.
Your DWI Defense Team
At The Wilder DWI Defense Firm we take every step and pursue every option available in a DWI defense. If you are facing DWI charges in the Dallas area contact us. No matter what you think about your case, there are defenses and options available to you that only the right legal team can implement on your behalf.