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.
Blog
29May 2019