Arresting Officer’s Observations
The physical observations made by the arresting officer will be examined by your Tampa DUI lawyer. Your lawyer knows that more than likely the officer made notes concerning your behavior, appearance, and possibly incriminating statements on a form such as the Alcohol Influence Report form that the majority of police departments use.
The physical observations the arresting office made of you concerning symptoms of intoxication will be carefully scrutinized for any inconsistencies by your Tampa DUI lawyer. For instance, perhaps the physical observations the officer reports on the Alcohol Influence Report form appear relatively normal, but your Blood Alcohol Content (BAC) result appears to be somewhat high. An inconsistency of this sort can be used to cast doubt on the chemical test result.
Alternatively, if the videotape of your stop and arrest presents you in a positive light, any negative observations noted by the arresting officer on the Report form can be questioned as inconsistent with the videotape.
Since not all arrests are videotaped, your Tampa DUI lawyer will investigate to ascertain if videotaping was available, and, if so, whether it was used. If the police had the capability of videotaping your arrest and failed to do so, it may be possible to dismiss the drunk driving charge.
The Supreme Court has ruled that in most cases bad faith on the behalf of the prosecution must be established when potentially exculpatory evidence is destroyed. Nevertheless, even if the prosecution has not destroyed or lost the videotape in bad faith, it may be possible to create an inference that if it had been preserved it would have been favorable to you.
If you have been charged with a DUI and would like to talk with an experienced and competent Tampa DUI lawyer, please contact James Adams at (813) 874-9116.