Chicago Criminal Lawyer Blog
Field sobriety tests recorded on video are often presented as key evidence in DUI cases. However, video footage doesn’t always provide the full picture of what occurred during a traffic stop, and DUI attorneys in Illinois have a variety of strategies to prevent this footage from being used in court. The following sections outline key approaches that may be employed to challenge and exclude video evidence of field sobriety tests in Illinois.
Examining the Validity of the Traffic Stop
A vital step in suppressing video evidence of field sobriety tests involves evaluating whether the traffic stop was legally justified. If law enforcement initiated the stop without reasonable suspicion, any evidence gathered, including video of field sobriety tests, may be inadmissible in court.
For example, if the police officer pulled a driver over based on a vague suspicion without witnessing a clear traffic violation or receiving a credible report, the stop could be challenged. In such cases, an attorney may argue that the stop was unlawful, leading to the exclusion of all video evidence obtained as a result.
Reviewing Officer Conduct During Testing
Illinois law enforcement officers must follow specific protocols when administering field sobriety tests. DUI attorneys often challenge video evidence by closely reviewing the footage for mistakes made by the officer during the tests. Any deviation from the required procedures may call into question the validity of the test results, which could result in the suppression of the video evidence.
For example, if an officer fails to explain the test properly or administers it in a way that conflicts with the guidelines set by the NHTSA, a defense attorney may successfully argue that the test results are unreliable, and the video evidence may be thrown out as a result.
Environmental and External Conditions Affecting Performance
A person’s performance during field sobriety tests can be heavily influenced by factors beyond their control. These factors, which can include uneven surfaces, poor lighting, weather conditions, and the presence of nearby traffic, can lead to test results that are not a true reflection of the suspect’s sobriety.
Attorneys often focus on how these conditions affected their client’s performance. By showing that the tests were conducted in an unfair environment, the attorney may persuade the court to suppress the video evidence on the grounds that it is not an accurate reflection of the events.
Technical Challenges to the Recording Equipment
Another key tactic used by DUI defense attorneys is to question the reliability of the recording equipment used to capture field sobriety tests. If the equipment was faulty or improperly maintained, the video footage may be considered unreliable.
Defense attorneys frequently review the maintenance and calibration records of the recording devices to ensure they were functioning correctly at the time of the arrest. If the equipment was malfunctioning or if there were gaps in the video, this can be used as a reason to suppress the footage.
Incomplete or Partial Footage
When video evidence does not capture the entirety of a traffic stop or field sobriety test, it can lead to an inaccurate portrayal of events. Footage that is edited, incomplete, or missing crucial moments can be challenged in court.
For instance, if the video begins after the suspect has already been instructed to begin the test or if it ends before the officer has finished interacting with the suspect, the video may be seen as unreliable. Defense attorneys will argue that such footage fails to provide an accurate account of the events, and therefore, should not be admitted as evidence.
Chain of Custody Issues
The chain of custody is a critical element when dealing with video evidence. Prosecutors must prove that the video was handled and stored properly from the time it was recorded until it was presented in court. Any break in the chain of custody can call into question the authenticity of the video.
If there is evidence that the video was tampered with, edited, or otherwise mishandled, a DUI defense attorney can move to suppress the footage. Without a clear and secure chain of custody, the video evidence may be thrown out.
How an Illinois DUI Attorney Challenges Field Sobriety Tests
Experienced Illinois DUI attorneys utilize a variety of methods to challenge field sobriety tests, focusing on the conditions under which they were administered and the accuracy of the results. By examining the officer’s conduct, the testing environment, and the reliability of the procedures used, a defense attorney can build a strong case for suppressing video evidence of these tests.
Attorneys may also present expert witnesses who can demonstrate the flaws and subjectivity in field sobriety tests. By undermining the accuracy of the tests and the video footage, attorneys can significantly improve their clients’ chances of a favorable outcome.
Contact The Law Offices of David L. Freidberg 24/7/365 at (312) 560-7100 or toll-free at (800) 803-1442 For Your FREE Consultation
If you are facing criminal charges, don’t face it alone. Contact The Law Offices of David L. Freidberg for skilled legal assistance. With decades of experience and a commitment to protecting your rights, we offer a free consultation 24/7 at (312) 560-7100 or toll-free at (800) 803-1442. We serve clients throughout Chicago, Cook County, DuPage County, Will County, and Lake County in Illinois. Let us help you navigate the legal system and fight for your future.
