New York DWI Video Evidence

During a driving while intoxicated (DWI) case, the prosecution may use several forms of evidence against you, including the arresting officer’s testimony and the results of your breath test. If the arresting officer had a video camera in his or her police car, the video evidence from the recording may also be introduced during your trial.

A police video camera may record your driving before a traffic stop, as well as your performance on field sobriety tests. Depending on how you conducted yourself during the stop and the arrest, this video evidence may be used in your defense or by the prosecution.

When an officer pulls you over on suspicion of drunk driving, he or she will look for signs of intoxication; bloodshot eyes, the smell of alcohol, slurred speech, or open containers in the vehicle. The officer may testify regarding your appearance and behavior during the DWI trial. However, there are other factors that can be used to explain these observations. For example, fatigue and allergies also cause red eyes—not just alcohol.

The officer may also ask questions regarding where you have been and whether you have consumed any alcohol. You should politely decline to answer these questions. Only answer regarding your name and address. A good rule of thumb is to assume you are being recorded during a traffic stop and behave accordingly.

If convicted of DWI in New York, you may be sentenced to jail time, probation, loss of driving privileges, and hefty fines. Some offenders may be required to install an ignition interlock device in their vehicle. You may also face increased insurance costs if you have a drunk-driving offense on your record.

You should speak with an experienced New York DWI defense attorney right away to ensure that your rights are upheld during the DWI process. Your attorney may analyze the video tape evidence to determine if it can be used on behalf, or if your rights were violated during the arrest.

Please fill out our online contact form, and a skilled DWI lawyer in your area will get in touch with you to review your pending case.