Top Strategies for Suppressing Video Evidence of Field Sobriety Tests in Illinois DUI Cases

The presence of video evidence showing field sobriety tests during a DUI arrest can be intimidating, but this footage is not always as damaging as it may appear. Illinois DUI attorneys employ several strategies to challenge and potentially suppress these recordings, ensuring they do not become the decisive factor in the outcome of a case. Successfully excluding such evidence can make a significant difference, especially when the tests are conducted under questionable circumstances. Below are the key strategies utilized to undermine and exclude video evidence of field sobriety tests in Illinois DUI cases.

Questioning the Legitimacy of the Traffic Stop

Every DUI case begins with the traffic stop itself. One primary method for excluding video evidence of field sobriety tests is to scrutinize the validity of the stop. If it is proven that the officer lacked reasonable suspicion or probable cause to pull over the driver, then all evidence obtained afterward, including video footage, may be ruled inadmissible in court.

For instance, if the arresting officer initiated the stop without observing any clear traffic violations or receiving a credible report of erratic driving, your defense attorney can argue that the stop was unlawful. In such a case, the court may decide to suppress the video evidence, rendering it irrelevant to the DUI proceedings.

Challenging the Officer’s Conduct During the Sobriety Tests

Field sobriety tests, such as the Walk-and-Turn (WAT), One-Leg Stand (OLS), and Horizontal Gaze Nystagmus (HGN), are notoriously subjective. The validity of these tests relies on the arresting officer’s administration of the test according to strict procedures outlined by the National Highway Traffic Safety Administration (NHTSA).

An experienced DUI attorney will carefully review the video footage of the sobriety tests to identify deviations from these protocols. If the officer fails to instruct the suspect properly or neglects certain critical steps in the process, the accuracy of the test results can be called into question. When the administration of the tests does not comply with standard procedures, the video evidence may be deemed unreliable and could be suppressed in court.

Environmental and Physical Factors Impacting Performance

Several environmental factors can affect a person’s performance during field sobriety tests, and video evidence can be misleading if these factors are not considered. Weather conditions, uneven road surfaces, poor lighting, and the presence of traffic are just a few variables that can negatively impact the accuracy of the tests.

A defense attorney may argue that these external conditions created an unfair environment for testing, casting doubt on the validity of the results. For example, if a test is conducted on a sloped or uneven surface, the person being tested may lose balance, regardless of whether they are impaired. By highlighting these conditions, an attorney may convince the court to suppress the video evidence, as it does not provide an accurate representation of the suspect’s sobriety.

The Reliability of the Recording Equipment

Another critical aspect of suppressing video evidence is examining the recording equipment itself. Police dash cams, body cams, and other devices used to capture the sobriety tests must be in good working order. If the equipment is faulty or has not been properly maintained, the footage captured may be unreliable.

Your DUI attorney will review the maintenance records for the recording devices used during your arrest. If any irregularities are found, such as gaps in footage, malfunctions, or evidence of tampering, they may argue for the suppression of the video evidence. Video footage must accurately reflect the events that transpired, and any inconsistencies can lead to its exclusion.

Addressing Incomplete or Selective Recordings

Selective recording or missing portions of video footage can be grounds for suppression. If the video does not capture the entire interaction between the officer and the suspect, it may not provide an accurate representation of the events. For instance, if the recording starts only after the officer has already instructed the suspect to perform a sobriety test or ends before the test is complete, it may be deemed incomplete.

In some cases, defense attorneys will argue that the selective nature of the footage is misleading and deprives the court of the full context needed to evaluate the sobriety test. If successful, this strategy could lead to the suppression of the video evidence.

Challenging the Chain of Custody

For video evidence to be admissible in court, the prosecution must prove that it has maintained a clear and documented chain of custody. This means that the video must be handled and stored in a way that ensures its integrity from the moment it is recorded until it is presented in court.

If there is any break in the chain of custody or any indication that the video was mishandled, edited, or altered, a defense attorney may successfully argue for its suppression. The court needs to trust that the video evidence has not been tampered with in any way, and any breach in protocol could lead to the exclusion of the footage.

How an Illinois DUI Attorney Can Challenge Field Sobriety Tests

An experienced Illinois DUI attorney will use multiple tactics to challenge field sobriety tests. These challenges often involve discrediting the officer’s administration of the test, questioning the accuracy of the results, and highlighting the impact of external factors like weather, lighting, and road conditions. Your attorney will also scrutinize whether the officer followed proper procedures and whether the sobriety tests were conducted in a fair environment.

In many cases, DUI attorneys will bring in expert witnesses to testify about the unreliability of certain field sobriety tests and demonstrate how environmental factors may have impacted the driver’s performance. This combination of strategies often provides sufficient grounds for suppressing video evidence of sobriety tests.

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

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.