Arresting Officer’s Observations
Your DUI attorney in Orange County will examine the physical observations made by the arresting officer during the arrest. Many police departments utilize an Alcohol Influence Report or similar form that enables the arresting officer to observe and record notes about your behavior, appearance, and potentially incriminating statements.
It is important that your Orange County DUI lawyer scrutinize the record for inconsistencies in the physical observations made by the arresting officer concerning intoxication symptoms. For instance, if the physical observations recorded on the Alcohol Influence Report form or other police report appear relatively normal, but your BAC result seems to be relatively high, this inconsistency may be used to discredit the chemical test result.
Your Orange County DUI defense attorney will also determine whether videotaping was available to the arresting officer, and if it was, whether it was used. If the officer had the ability to videotape and failed to do so, it may be possible to dismiss a drunk driving charge.
Additionally, if there was videotape made of your stop and arrest and it appears to favor you, negative observations noted on the officer’s report form might be questioned as being inconsistent with the footage shown on the videotape.
Under most circumstances, the Supreme Court has held that it is necessary to establish bad faith on the part of the prosecution if potentially exculpatory evidence is destroyed. In your case, even if the prosecution has not lost or destroyed the tape in bad faith, it may be possible to create a conclusion that had the videotape been preserved, it would have been favorable to you.
If you would like to discuss your DUI case with an Orange County DUI defense lawyer, please call Coffey and Coffey at 800-706-7888.