Disqualifying Video Evidence in Illinois DUI Defense: Field Sobriety Test Exclusions

Facing a DUI charge in Illinois can be significantly more challenging when video evidence from field sobriety tests is introduced in court. However, the mere existence of such footage does not guarantee its admissibility or its impact on the outcome. This article outlines strategic methods employed by seasoned DUI defense lawyers to challenge the use of video evidence, aiming to protect your rights and potentially improve your case outcomes.

Contesting the Validity of Field Sobriety Test Videos

1.  Scrutiny of the Traffic Stop’s Legality

• The initial step in challenging the video evidence starts right from the traffic stop. Defense attorneys critically assess whether there was probable cause or reasonable suspicion to stop the vehicle. Invalidating the stop could render all subsequent evidence, including videos, inadmissible.

2.  Evaluation of Test Administration

• Proper administration of field sobriety tests is crucial for their acceptance in court. Defense counsel will examine the video to ensure that standard operational procedures were followed. Any deviation could significantly undermine the prosecution’s reliance on this evidence.

3.  Influence of External Conditions

• Defense teams also consider environmental conditions present during the testing, such as bad weather, poor lighting, or an uneven testing surface. These factors can unfairly influence a person’s performance and are used to argue against the fairness and accuracy of the test results.

4.  Integrity and Quality of the Video

• The quality and clarity of the video are pivotal. Defense attorneys look for any issues with the video that could suggest tampering, editing, or interruptions that question its reliability as evidence.

Strategies to Exclude Field Sobriety Test Videos

1.  Filing Motions to Suppress

• Legal motions to suppress evidence are commonly used when there are justifiable reasons to believe that the field sobriety tests were flawed either in their execution or recording. Such motions focus on the technicalities and legalities surrounding the evidence, aiming to prevent its use in court.

2.  Leveraging Expert Witnesses

• DUI defense may involve bringing in experts who can attest to the inaccuracies or the general unreliability of field sobriety tests, especially under certain conditions. These experts can dissect video evidence to highlight reasons why it should not be considered conclusive.

3.  Asserting Constitutional Rights

• If applicable, constitutional arguments may be raised regarding how the evidence was obtained or used, potentially leading to its exclusion on the grounds of rights violations.

Contact The Law Offices of David L. Freidberg 24/7/365 at (312) 560-7100 or toll-free at (800) 803-1442 For Your FREE Consultation

Armed with an understanding of the multiple fronts on which video evidence can be challenged, our defense attorney is dedicated to ensuring that your rights are vigorously defended throughout your DUI case proceedings.

If you are facing criminal charges, don’t face it alone. Contact The Law Offices of David L. Freidberg for skilled legal assistance. With decades of experience and a commitment to protecting your rights, we offer a free consultation 24/7 at (312) 560-7100 or toll-free at (800) 803-1442. We serve clients throughout Chicago, Cook County, DuPage County, Will County, and Lake County in Illinois. Let us help you navigate the legal system and fight for your future.