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Mobile Videotaping: How To Win a DWI (Driving while Intoxicated) in Court

NCJ Number
149401
Journal
Law Enforcement Technology Volume: 21 Issue: 6 Dated: (June 1994) Pages: 52-56
Author(s)
J M Kuboviak
Date Published
1994
Length
5 pages
Annotation
This article describes how police should structure the videotaping of a drunk-driving stop so as to show probable cause for the stop, the behavior of the suspect, field sobriety testing, any evidence taken from the car, and the booking process at the station.
Abstract
The video and audio should be operating to show what the officer observed to call his/her attention to the particular vehicle. The officer should verbalize on the video the nature of the initial traffic violation or the indicator of a possible drunk driver. The officer should continue to comment on other cues as they occur, even before pulling the car over. Factors the officer should note on the tape include where the suspect's vehicle parks, how long it takes for the suspect to respond, the license plate number, and the number of occupants. Officers should point out indicators of intoxication as they occur on the video, while continually mentioning signs that comply with the probable cause requirement for the stop. The stop should occur at a safe location where the suspect, the vehicle, and all officers on the scene are in view of the camera. The area should be safe from other traffic and with sufficient space to perform field sobriety testing. The camera should record any search of the suspect's vehicle, and any evidence found should be shown to the camera and explained by the officer. Recording events up through the booking can add additional evidence, as the video will record conversations and show behavior related to the suspect's intoxication and the officer's procedures in managing the suspect.