Every aspect of a Pennsylvania DUI charge must be proven beyond a reasonable doubt to convict you. The district attorney will use any evidence that points to your guilt. Often times — particularly in cases involving the Pennsylvania State Police — that means audio and video recordings of the incident on record (assuming they exist). McCormick & Vilushis LLC will always obtain and review such recordings to determine the validity of your case and whether or not it can be challenged in court.
Video recordings may show not only your interaction with the officer, but also how you were driving your vehicle prior to being stopped as well as your performance of field sobriety tests. In addition, most departments use microphones (attached to the officers’ uniforms), providing audio recordings of the incident as well. In some cases, these recordings may support your defense. For example, you may not have crossed a centerline. Or perhaps the officer improperly instructed you on the field sobriety test, or failed to ask if you had a pre-existing injuries that would result in a skewed test. Video and audio recordings may sometimes contradict the arresting officer’s testimony. For example, the officer may have testified you lost your balance or stepped off the line. A video or audio recording could show whether or not that was the case. Getting the video and showing the judge is often a critical step when trying to successfully suppress evidence, or possibly have your case dismissed.
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