Chicago Criminal Lawyer Blog
In Illinois, when facing DUI charges, the presence of video evidence from field sobriety tests can seem like an insurmountable challenge for the accused. However, experienced DUI attorneys possess a range of strategies to challenge such evidence, potentially leading to its exclusion from the case. This exploration dives deep into the technical and procedural aspects that attorneys leverage to protect their clients’ rights.
Technical Flaws in Video Evidence
One primary approach is to identify and argue technical flaws within the video evidence itself:
- Quality and Clarity: Poor video quality can make it difficult to accurately assess a suspect’s performance in field sobriety tests. Defense attorneys often highlight issues such as poor lighting, camera stability, and resolution which may obscure crucial details of the suspect’s behavior or the environment during the test.
- Audio Issues: In some cases, the audio accompanying the video may be inaudible or unclear. Since verbal instructions and responses are integral to field sobriety tests, any ambiguity or omission in the audio can be grounds for challenging the evidence.
- Integrity of the Recording: The continuous and unedited nature of the footage can also be called into question. Gaps or edits in the video could suggest tampering or errors in handling, making the evidence unreliable.
Procedural Errors Captured on Video
Videos of field sobriety tests are meant to provide an objective basis for judging a suspect’s impairment. However, they can also inadvertently capture procedural mistakes made by officers:
- Incorrect Administration of Tests: The standardized nature of field sobriety tests requires strict adherence to procedural guidelines. Any deviation from these established protocols, whether in the instructions given or the methods of testing, can be highlighted by defense attorneys as a basis for dismissing the video evidence.
- Officer Conduct and Interaction: The demeanor and conduct of the officer during the test can also affect the validity of the evidence. Inappropriate or leading behavior by the officer can be used to argue that the test results were prejudiced.
- Environmental Conditions: External factors such as traffic, weather, and road conditions visible in the video can also impact the performance of sobriety tests. Defense attorneys can argue that such conditions compromised the fairness or accuracy of the testing process.
Challenging the Relevance and Conclusiveness of the Video
Apart from technical and procedural critiques, defense strategies may also involve questioning the relevance and overall conclusiveness of the video evidence:
- Contextual Ambiguity: Videos often fail to capture the broader context of the situation, including the moments before the test was conducted. This lack of context can be argued to affect the interpretation of the evidence, as it may omit factors that could justify or explain the suspect’s behavior.
- Interpretation of Results: Even with clear video evidence, the interpretation of a suspect’s performance can be subjective. Defense attorneys may bring expert witnesses to contest the conventional interpretation of the movements and behaviors displayed in the video.
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.
