Police officers in New Jersey frequently use dash cameras to record suspected drunk drivers. Video footage of a driver swerving, failing to maintain a consistent speed, or having near-misses with other vehicles can serve as strong evidence at trial, and prosecutors routinely rely on dash camera footage when seeking DUI convictions. If prosecutors have dash camera footage of your drunk driving arrest, does this mean your case is over before it even begins? An experienced New Jersey DUI lawyer explains.
Dash Camera Footage Isn’t Necessarily Evidence of Guilt
While it might seem like dash camera footage of your erratic driving is clear evidence of guilt, this isn’t necessarily the case. If you are facing a DUI charge in New Jersey, it is important to remember that the prosecution has the burden of proof. To secure a DUI conviction, prosecutors must be able to prove that you were driving under the influence beyond a reasonable doubt. If you (or your New Jersey DUI lawyer) can create a reasonable doubt, then you are entitled to a “Not guilty” verdict at trial.
This raises a critical question: What does the dash camera footage from your drunk driving arrest really show?
At most, it shows that you were driving erratically. But, it simply is not possible to assess whether a person is under the influence based on their driving behavior alone—much less to prove it beyond a reasonable doubt. While your driving behavior might be consistent with the behavior of drunk drivers, the mere possibility that the footage suggests you might have been drunk is not enough to warrant a DUI conviction.
As a result, while dash camera footage that shows you driving erratically might seem like the proverbial nail in the coffin, this footage generally should not be enough to support a guilty verdict on its own.
What Else Does the Dash Camera Footage Show?
But this raises another critical question: What else does the dash camera footage show?
If the police recorded your erratic driving, they may have recorded the rest of your DUI stop as well. This means that prosecutors could also have footage of:
- Your interactions with the arresting officer during your traffic stop
- Your inability to walk or maintain your balance on the side of the road
- Your breath test (or refusal or inability to take the breath test)
- Your field sobriety tests (FSTs)
- Anything else that happened during your traffic stop that is relevant to your DUI case
As a result, even if prosecutors can’t use the footage of your driving to prove that you were under the influence, they may be able to use other footage from your arrest (potentially along with other evidence) to meet their burden of proof. This makes it critical to thoroughly review all of the footage of your DUI arrest and use it to make informed decisions about how best to approach your defense.
It is also important to note that, while prosecutors may be able to use the dash camera footage from your arrest against you, you may be able to use the footage to your advantage as well. For example, you might be able to use the footage to your advantage if it shows that:
- You were capable of standing and walking without losing your balance
- You were capable of speaking clearly and coherently
- The arresting officer improperly administered the breath test
- The arresting officer improperly administered the FSTs
- The arresting officer failed to follow other mandatory procedures
To avoid a DUI conviction, you do not need to prove that you were sober. All you need to do is prevent the prosecution from proving that you were driving under the influence. If you (or your New Jersey DUI lawyer) can use the dash camera footage from your arrest to raise questions about whether you were under the influence at the time of your arrest, this should be all it takes to avoid a conviction.
Should You Consider a Plea Bargain in Your DUI Case?
Now, let’s say the dash camera footage from your DUI arrest isn’t favorable to your defense. Let’s say it shows you driving erratically and stumbling on the side of the road, and let’s say it shows the arresting officer taking all of the steps necessary to assess your impairment and record your blood alcohol concentration (BAC). In this scenario, what should you do?
If you stand a strong chance of being convicted at trial, it could be in your best interests to seek a plea bargain. New Jersey began allowing plea bargaining in DUI cases last year. While a plea bargain won’t allow you to avoid consequences entirely, it will allow you to avoid the potentially life-altering consequences of having a DUI on your permanent record.
With that said, there are ways to fight a DUI even if you were driving drunk. For example, you might be able to raise issues with the calibration of the breathalyzer device, or you might be able to keep some of the prosecution’s evidence out of court. If prosecutors can’t use all of the evidence they have against you, they might not be able to meet their burden of proof.
As a result, while seeking a plea bargain might be your best option, you should not make any assumptions. Instead, you should seek advice from an experienced New Jersey DUI lawyer who can help you make informed decisions about your next steps.
Schedule a Confidential Consultation with a New Jersey DUI Lawyer at Helmer, Conley & Kasselman, P.A.
If you are facing a DUI in New Jersey and would like to know more about how dash camera footage of your arrest might help or hurt your case, we encourage you to contact us promptly. We handle DUI cases statewide. To speak with an experienced New Jersey DUI lawyer at Helmer, Conley & Kasselman, P.A. in confidence as soon as possible, call 877-435-6371 or tell us how we can contact you online today.
