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Using Video Evidence to Your Advantage in a DUI CaseWhen trying to prove whether or not a driver was intoxicated at the time of their arrest, video footage from the scene can be compelling evidence. Instead of relying on individual testimony, the court can see the circumstances leading up to the arrest and how the officer and arrestee behaved during the incident. If you have been charged with driving under the influence in California, you need to obtain available video recordings from your arrest to determine whether they would be helpful evidence during your case.

How to Obtain Video

Many police officers are required to have dashboard cameras on their vehicles and body cameras on themselves. Unfortunately, the state will not automatically provide this evidence to you for the purpose of your defense case. Your defense attorney must submit a discovery request with the court to obtain the video evidence. If the prosecution refuses to turn over the video, you will need to file a formal discovery motion to force them to comply.

There may be video evidence from a surveillance camera for a nearby property that recorded your DUI arrest. To obtain this video evidence, you will need to file a subpoena with the video‚Äôs owner.

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