Massachusetts DUI Trial - Police Booking Videotapes
In a growing number of Massachusetts police stations, anyone who is
arrested is videotaped by the police throughout the entire booking process.
Some jurisdictions even have video recording equipment inside police cruisers,
and will videotape a traffic stop and arrest. In a large majority of DUI
cases I've fought where a police videotape is involved, I've found the videotape
evidence to be helpful to my client and our case. That may sound
strange, but let me explain why this is so. On direct examination by the
prosecutor in virtually every single Massachusetts DUI arrest, the police
officer will claim among other things, that the defendant was slurring his
speech, and unsteady on his feet. This paints a picture in the heads of jury
members, and often a very unflattering one. After all, police officers by and
large are generally considered to be trustworthy and have good judgment.
However, often when the see the videotape, the results turn out to be quite
different than what the jury was expecting, as described by the officer. What
they nearly always see on the videotape is a polite, calm, and maybe somewhat
scared person that they can identify with. If the person is slurring their
speech at all, or slightly unsteady, it's probably much less than they expected
to see. And just as often, there is little to no video evidence of either of
these things. I've had a case where the police claimed that the client
completely failed a nine step walk and turn test, yet in the booking process,
when asked to remove his shoes, the videotape showed him able to balance
on on one leg, and remove his other shoe without a single wobble!! All of this
videotaped evidence can make it much easier for the jury to infer reasonable
doubt in the claims of the police officers. Even in cases where the videotape
may not be helpful, it may be possible to have parts of the evidence excluded,
especially if where you are refusing a breath test or field tests, or other
areas that may be considered more prejudicial than probative. I've
reviewed countless booking and police cruiser videos in OUI cases. If you were
arrested for drunk driving, and are thinking about fighting it, but are
concerned about videotape evidence against, you give me a call. I'll tell you
what I think, and how I think it might play to a jury or judge at trial.
If you are facing a Massachusetts DUI and think you want to fight it at
trial, call me now for a free consultation at (781) 380-7730.
Sincerely,
Russ Matson, Massachusetts DUI Attorney
Call Russell Matson's cell phone to talk to a drunk driving / DUI / OUI attorney anytime at (781)380-7730.
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