Logo Main2

Body Camera Evidence in Georgia DUI Cases: Enhancing Legal Outcomes

The Marietta Municipal Court at 240 Lemon Street Marietta, GA 30060 is where local traffic violations, some misdemeanors, and other legal issues are handled.

Contact Holly


about us section

Can body camera footage really make a difference in the outcome of a DUI case? With the rise of body camera usage among law enforcement, we are seeing a significant impact on both prosecution strategies and defense tactics. These small, wearable devices capture crucial interactions between police officers and suspects, providing an unfiltered view of events as they unfold.

This footage can show whether proper procedures were followed during the stop. It can also capture the behavior of both the police officer and the suspect, which can be critical in disputes over what occurred.

For those facing DUI charges, navigating the legal system can be daunting without experienced guidance. At The Waltman Firm, we help clients with DUI cases, utilizing all available evidence, including body camera footage, to build a strong defense. Our commitment is to ensure that every aspect of the arrest is closely examined, giving our clients the best possible chance of a favorable outcome.

How Body Camera Evidence Is Collected

Our law enforcement officers wear body-worn cameras (BWC) while on duty. These devices are attached to the officer’s uniform, typically at chest level. They can capture both video and audio.

Activation Process:

Officers are trained to activate their BWCs in specific situations, like during traffic stops. They press a button on the camera to start recording. In some agencies, cameras can also start recording automatically when certain triggers occur, like when a police car’s lights are turned on.

During DUI Stops:

Body cam footage is often obtained during DUI stops. When officers suspect a driver is impaired, they start recording the interaction. The video footage captures everything, including:

  • Initial Interaction: The officer asks for the driver’s license and registration and observes the driver’s behavior.
  • Field Sobriety Tests: The officer may administer tests to assess the driver’s impairment. These tests are crucial, as the footage can be used in court.

Arrest: If the officer decides to arrest the driver, the camera continues to record, providing evidence of the arrest process.

Importance of Body Camera Evidence in DUI Defense

Body camera evidence can be crucial for those facing DUI charges. It often supports the defendant’s version of events, providing an unbiased account of interactions.

Advantages for the Defense

Body camera footage can highlight whether proper procedures were followed. If an officer’s behavior appears improper, it can strengthen the defendant’s case. This evidence can also shed light on the defendant’s condition, showing signs of sobriety not noted in the police report.

This was demonstrated in a 2018 incident in Roswell, Georgia. Two police officers were fired after their body cameras recorded them using a coin flip app to decide whether to arrest a driver during a traffic stop. The footage, which a local news station uncovered, showed the officers debating whether to arrest Sarah Webb, who was speeding.

Instead of making a professional decision, they flipped a coin to determine her fate, ultimately arresting her for reckless driving and speeding. Interestingly, the prosecutor assigned to Webb’s case dropped all charges against her when the case went to court.

Cases like Sarah’s highlight how body camera footage can expose inappropriate officer behavior. If inconsistencies exist between the video and the officer’s account, the defense can raise doubts about the officer’s reliability. This may lead to the charges being dismissed and even disciplinary action against the officers involved.

Challenges and Limitations

Poor quality or missing footage poses challenges. Blurry or incomplete videos can make it hard to confirm details. In some cases, footage might be lost or not recorded, complicating matters for both sides.

Legal challenges can also arise when obtaining body camera footage. Sometimes, it requires court orders or facing objections from the prosecution.

Furthermore, footage may be excluded as evidence for various reasons, such as privacy breaches or if deemed irrelevant. These exclusions can limit the defense’s ability to use the footage to its full benefit.

For more on how witnesses impact DUI cases, visit Understanding the Role of Witnesses in Georgia DUI Cases.

Steps to Take if Arrested for a DUI in Georgia

Immediately After Arrest

When pulled over, you should remain calm and courteous. It’s important to comply with the officer’s instructions without arguing or making sudden movements. This can help avoid escalating the situation.

Next, you need to request a Georgia DUI attorney as soon as possible. It’s your right to have legal representation; an attorney can guide you through the process and protect your constitutional rights.

Requesting Body Camera Footage

It’s crucial to ask for body camera footage early because such video evidence can only be retained for 180 days under Georgia law. However, there may be exceptions that may extend the deadline to about 30 months.

It is important to act fast as the evidence can provide an unbiased account of the arrest, potentially revealing mistakes or misconduct by the arresting officer. This footage might play a significant role in your defense.

Contacting a DUI Lawyer

You should contact a DUI lawyer with experience in Georgia DUI cases. They might be valuable in navigating the specifics of your case and fighting the charges against you.

Understanding License Suspension

For those over 21 and facing a first offense, your license may be suspended for 12 months. After the initial 120 days, you can apply for reinstatement if you meet specific conditions.

Building Your Defense

Analyzing the reasons for the traffic stop and the arrest can give you insight into potential weaknesses in the case. This is particularly important if the arrest was based on a suspicion of driving under the influence, as in many cases (more details).

By taking these steps, you can better prepare yourself to fight a DUI charge in Georgia and protect your rights.

Building Your Defense With The Waltman Firm

Step 1: Initial Consultation

The first step is to meet with our team. Here, we listen to your story and gather all the facts about your DUI case.

Step 2: Analyzing Body Camera Evidence

We assess the body camera evidence captured during your arrest. This footage can provide crucial details and may help us find inconsistencies in the officer’s conduct or discrepancies in the procedure.

Step 3: Strategy Development

We develop a personalized defense strategy specifically tailored to your case. Our team scrutinizes all evidence, witness statements, and police reports to build a robust defense.

Step 4: Filing Motions

Our defense attorneys can help you file pre-trial motions. We might file motions to suppress evidence if we identify any violations of your rights during the arrest process.

Step 5: Negotiation and Trial Preparation

Although many cases are resolved through negotiation, we prepare as if each case will go to a DUI trial. This dual approach ensures that we are ready for any outcome.

Our firm relies on understanding of criminal defense to effectively defend your rights. We are dedicated to protecting you throughout the legal process.

Speak With Our DUI Defense Attorney

Body camera evidence can play a crucial role in Georgia DUI cases. This footage often provides an unbiased account of the events leading up to and during an arrest. Body cams can capture important details that may support your defense, such as errors in the arrest process or discrepancies in the officer’s report.

Our DUI defense attorney knows how to effectively use body camera footage to your advantage. By carefully reviewing the video, we can identify any rights violations or procedural mistakes that may help to dismiss or reduce the charges against you.

We know that thorough investigation and strategic use of evidence are very crucial. Therefore we leave no stone unturned, in questioning the legality of the traffic stop or challenging the accuracy of field sobriety tests.

If you are facing DUI charges in Georgia, having a knowledgeable criminal defense attorney by your side is essential. We dedicate ourselves to protecting your rights and seeking a fair trial. Don’t face these charges alone; seek legal help.

Contact us for a consultation to discuss your case and the potential impact of body camera evidence. Explore all available defense strategies to fight your DUI charges. The Waltman Firm is ready to assist you in building a strong defense.