29May 2019

Should DUI Stops Be Recorded?

The state of South Carolina has one of the highest rates of mortality from
drunk drivers. The state also has a law which is becoming more 
common throughout the country. The law is that all DUI stops must be 
video taped. The prosecutors in the state are crying foul saying that 
this allows for a "loophole." The problem for them is that if anything 
goes wrong with the video recording cameras or equipment, the defendant 
gets away with a crime. Defense attorneys claim that it is a vital 
protector of a defendant's rights and assures that the field sobriety 
tests are evaluated fairly. Indeed, there are many instances where 
officers perform field sobriety tests out of dashcam range in other 
states, leading to false convictions.

How should this problem approached? In our country, the importance of 
proving that a defendant is guilty beyond a reasonably doubt is 
paramount. We are a society that has always prided itself on fair and 
equal justice for all. If an occasional defendant is found innocent 
because of a technicality, that far outweighs the dangers created when 
evidence has the potential to be fabricated, as in an off-camera field 
sobriety test. 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.