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Troy MI License Restoration Blog

Wednesday, April 29, 2015

POLICE DASH CAMS AND DUI: THE ROPE THAT HANGS OR SAVES

I cannot tell you how many times clients have sat in my office to dispute the facts of a stop by police. Before a police officer can pull someone over they must be able to point to/articulate some violation which warrants the stop. The reasons I see in many police reports repeat familiar patterns; swerving within his lane, failure to use a turn signal, paced speeding, failure to dim headlights, etc..

On the occasion where the pretense for the stop is contested, the police dash cam can shed light, and therefore clarity, on the situation. The police car dash cam obviously is located on the cars dashboard and records all activity which takes place in front of the vehicle. This device however does not record sound. The officers are wired with microphones on their vests which perform this task.

In the past, the basis for the stop was established by the police report and corroborated later by the police officer testifying as to the accuracy of his report; which was, in his mind, always very accurate!

The dash cam removes the necessity of relying only on the officer’s report and testimony.

However, as usual, this is not a fail-safe solution. It seems, and maybe call me pessimistic, but in many cases where the integrity of the stop comes into question, oh, what do you know, THE DASH CAM WASN’T TURNED ON!! Or THE DASH CAM WAS BROKEN!! Or MY MICROPHONE WASN’T TURNED ON….

Yes, the system is not perfect but it is better.

When field sobriety tests are administered and taken by the defendant, it is the officer that determines whether or not the individual passed or failed. The dash cam, assuming it is on, takes all subjectiveness out of the equation. And, when the conversation, in the client’s opinion, was inappropriate, the officer’s microphone will be able to shed light on that also. And, when it was inappropriate, often times this can open the door to negotiations that normally would not be on the table.

When it comes to exploring these issues, you need an attorney that knows that these devices are available to demand and review. Many don’t. Or, even worse, because they set their fees so low just to get the case that they don’t feel that it is cost effective to go through the trouble. Don’t hire one of these guys. Don’t hire the lawyer that did a great job on a divorce of a friend, or the attorney that was really nice that did your living will.

All attorneys are not proficient in all areas of practice!!

In 25 years of criminal practice, I have dealt with hundreds of drinking/driving cases. I explore every angle for reduction/dismissal of charges, and better yet, I know the angles that are there and how to investigate them.

When you have been charged with drinking and driving call the Law Offices of Martin Lievois in Troy at 248-419-1566 or in Flint at 810-250-4550 for a comprehensive evaluation of your case.

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934 Church Street, Flint, MI 48502
| Phone: 810-232-3223
1680 Crooks Road, Troy, MI 48084
| Phone: 248-498-2525

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