devices in the pocket or purse, it is fair to question whether or not
videos or pictures taken with cell phones should be introduced as
evidence. In the case of DUI, it is possible that a passenger in a
vehicle on the highway may use their cell phone to record erratic
driving behavior, notify authorities of the vehicle and then give the
video to prosecutors.
The main issue with civilian recorded videos and images in context. For
example, seeing a car swerve on the highway may be evidence of impaired
driving, but it could also be someone joking with friends and swaying
the car to the beat of a song. That may be reckless driving or so, but
it is certainly not impaired driving.
There is a rule in most states where evidence cannot be introduced to create
"Unfair Prejudice" in the minds of the jury. As visual evidence
becomes more and more available, it will be up to judges to decide
whether it should be allowed in a trial. If you live in Burlington,
Essex, Colchester, Winooski, Williston, Shelburne or anywhere in the
State of Vermont, and have been arrested or charged with DUI or any
crime, call Handy Law for aggressive and experienced legal defense.