Effective Use of Police Videos in DUI Defense
In many jurisdictions around the country, law enforcement agencies have recently installed, or are planning to install, video cameras in police vehicles to record on film the officers’ contacts with the citizens. As an added bonus, most equipment also captures the audio portion of the officer/citizen interaction. Our focus is on those cases where a police agency uses a video camera to record the contact between the officers and the citizen. Video tapes are a powerful weapon that a skilled lawyer can use to the defendant’s full advantage to defeat the elements of the prosecution’s case.
As we’ve said before, driving while intoxicated is one of the few crimes in America where a citizen may be arrested and incarcerated based solely upon the opinion of a police officer. Most law enforcement officers come to court on a DWI/DUI prosecution weeks or months after the officer’s contact with the citizen. During that interval, the officer has participated in many other arrests, investigations, etc. To the officer, the arrest of your client is just another day at the office; to your client, however, it is one of the most cataclysmic events in his or her life. Given the importance of the case to your client and the effect of elapsed time on the officer’s memory, details become essential for the defense of the case. We hope to provide you with a step by step guide to effectively using video tapes and their audio counterparts in defending your client.
James A.H. Bell is a skilled Knoxville Criminal Defense Lawyer , Tennessee DUI Attorney with The Law Offices of James A.H. Bell, P.C. located in Knoxville, TN
How to React if You Have Been Stopped on Suspicion of Driving While Intoxicated
You happen to be driving home from a get together with some of your colleagues at near by bar. You have consumed a couple of beers however you felt fine to drive home. You make a turn without signaling and then you observe in your rear view mirror flashing lights. You are aware you have not done anything wrong but you all of the sudden become frightened as your hands tighten on the steering wheel and you feel your heart begin to beat faster.
The police officer approaches you vehicle and comes to your window and asks to see your driver’s license and registration. you take you driver’s license out of your wallet and and reach into the glove compartment for your vehicle registration. The next thing you know the police officer is inquiring have you been drinking.
How you react in the next couple of seconds can change your life in ways one can not possibly imagine. Knowing exactly what to do and what exactly your legal rights are is of the utmost importance.
The first rule is to be courteous. Absolutely no matter what you do, or even what you say, refrain from getting in to a verbal fight with the officer. The officer has the discretion to arrest you and take you to jail or to let you proceed driving down the street. Even though being courteous will not assure your being permitted to continue along your way, becoming confrontational will certainly earn you a trip to jail.
Whenever the police officer asks you if you have been drinking, the ideal response is to tell the truth. In the event that you have been drinking alcohol the police officer will smell the odor of an alcoholic drink on your breath. Any kind of answer other than the actual truth will destroy your credibility with the police officer. Understand that it is not against the law to have a beer or some other alcoholic beverage and then get behind the wheel of your automobile. It only becomes unlawful if you have lost the normal use of your psychological or physical ability.
Following establishing the fact that you have consumed alcoholic beverages, the law enforcement officer will ask you exactly what you had to drink as well as how much you drank. At this stage you really should ask the police officer if you are under arrest. If the answer is no, subsequently tell the police officer without sounding rude that you would choose not to answer any more questions without first speaking to an lawyer.
Keep in mind the only question that you are required to answer is an identification question. As soon as you have handed the police officer your driver’s license and registration you have responded to that question. Whenever the police officer asks you questions he is trying to smell the odor of an alcoholic drink on your breath or even to collect additional evidence that can be used against you.
In the event that the police officer states he or she is going to arrest you or even if he or she becomes hateful, don’t forget to remain relaxed and collected. Your own temperament will speak volumes on a video recording of the stop.
If the police officer request you to get out of the vehicle, without sounding rude ask why. If he or she says they want you to carry out a series of tests so that they can decide whether or not you’re okay to operate a automobile, politely decline his / her offer. Mainly because, by the time the police officer asks a driver to get out of their vehicle, they have already made up their mind to arrest the driver for driving under the influence.
Once again the police officer will ask you to exit the vehicle. Slowly step out of the vehicle. Do not not lean against the car or truck when getting out or when standing.
Should the police officer place you under arrest, he or she will request that you blow into the breath testing device. if you refuse it could result in a driver’s license suspension, nevertheless if the police officer asks you to blow, you are already under arrest. Blowing into the device will only give the law enforcement officer and the prosecution evidence they would not otherwise have.
By following this course of action might not keep you from being arrested on suspicion of driving under the influence, it will certainly keep the state from collecting evidence to use against you in court. Maintaining your cool can make the difference between an acquittal and a conviction for driving under the influence.
James A.H. Bell is a skilled Knoxville Criminal Defense Lawyer , Tennessee DUI Attorney with The Law Offices of James A.H. Bell, P.C. located in Knoxville, TN
10 Things to Consider When Hiring a Knoxville Criminal Defense Lawyer
| here are several consideration one might utilize as a potential client when making any decision to employ a criminal defense lawyer. This is a brief introduction on factors to consider, with a brief commentary.
1. Can you communicate freely with the lawyer? If you cannot, the meeting should be ended quickly, but at least allow the lawyer to relate the procedure, the law of your case, and the salient facts that are important to your defense. The initial meeting should last at least one hour. 2. Has your lawyer tried a case like yours to a verdict recently before a judge and/or jury? If he/she has not, the meeting should be ended quickly. If the lawyer represents that he/she has experiences in trying cases, ask the lawyer to give you a reference to an actual trial, not a hearing. A review of the jury verdict should be available to share with you. 3. Is the focus of the discussion on plea agreements or money? If so, the meeting should be ended quickly. Trial lawyers need time to develop a defense and they look for witnesses (persons on cell phones, eyewitnesses, documentary evidence, medical records, etc.). 4. Has the lawyer told you your defense to the crime charged and the method or means by which the defense will be asserted? If so, listen to the counsel of the lawyer. If not, you may want to consider other alternatives. 5. Does the lawyer bash other good trial lawyers, or relate good things about good lawyers? If the lawyer you are interviewing bashes or degrades other good lawyers, you might wonder what this lawyer will say about you when your litigation is concluded. 6. Does the lawyer’s web page accurately portray the lawyer’s experience? Remember that web pages are advertising and that the lawyer directs exactly what is contained on the lawyer’s web page. You might want to cross reference the ad against known facts. For example, if a lawyer says he was counsel in the celebrated case of State v. Johnson, call the clerk’s office and find out if he was the lead counsel, rather than the briefcase carrier. 7. What is the lawyer’s trial experience with juries? Generally speaking, a lawyer who has tried to verdict more than 25 to 40 trials is considered a veteran trial lawyer. 8. Are the lawyer fees more substantial than the non-trial lawyers you have considered? Fees for legal expenses are steep if the case is one that is going to be tried. If the lawyer is taking the case for less than five thousand dollars, he/she has a volume practice and cannot adequately prepare for trial. 9. Will the lawyer utilize the skills of a legal investigator? Lawyers do not investigate cases nor interview witnesses, except in civil cases where there is a recording. Lawyers who rely on the prosecution providing information to them would not, in our opinion, be conducting an adequate and thorough investigation into the defense case. 10. An ethical attorney will never disparage other attorneys or the Public Defenders. |
| Author Resource:- Knoxville Criminal Defense Attorney James A.H. Bell The Law Offices Of James A.H. Bell, P.C. Tennessee DUI LAwyer |
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