Police dash cameras are not just for recording the world’s wildest police chases. In many cases, the police and prosecutors use the video evidence in investigations or at trial. Additionally, the video footage from a police vehicle can be to your advantage. In one case, the dashboard video actually helped a Utah man out of a very tough spot.
Standardized Field Sobriety Tests
During traffic stops where the California Highway Patrol suspects the driver of being under the influence of drugs or alcohol, they will try to have the driver submit to field sobriety tests. The three primary Standardized Field Sobriety Tests (SFSTs) include an eye test, the walk-and-turn test, and the one-leg-stand test. The CHP and police officers use these tests against drivers as alleged evidence of their intoxication.
What happens when the police lie about sobriety tests? It is possible for a policeman to claim a failed field sobriety test even if there was not an administration of test with a driver. Good thing we have police dash cameras.
Gavin Gabor’s DUI Case
Gavin Gabor of Layton, Utah was pulled over by the Utah Highway Patrol in August of 2013. Trooper Neil Green told Gabor that he was pulled over for failing to signal a lane change. The next thing Gabor knew, he was being arrested for driving while impaired, and taken to jail.
The young driver wanted to fight back against the DUI arrest, and got a copy of the police report. He noticed the report indicated he’d failed field sobriety tests, but the problem was that Gabor knew he never did any such tests. During his administrative license suspension hearing, Gabor questioned Trooper Green about the field sobriety test error, and Green said he did the walk-and-turn and one-leg-stand tests. When the ALS- hearing officer sided with the state trooper, the state suspended Gabor’s license for 6 months.
However, Gabor did not give up. He next requested a copy of the dash camera footage from his arrest. It became clear, after reviewing the video, that there was no performance of a field sobriety test whatsoever. The prosecutors dismissed Gabor’s DUI charges once they saw the video evidence. Sadly, it took two years for Gabor to move happily away from his DUI nightmare. However, with video evidence to prove Gabor did not commit the crime, Gabor still had to pay for his supposed crime. He paid over $1,000 inimpound fees, license reinstatement fees, and costs for his title release.
False Reporting and Police Dash Cameras
Once it became clear that Green falsely reported a field sobriety test, and said the same in an ALS hearing, law enforcement began an internal investigation into Green’s arrests. When questioned, Green stated he must have made an error in the report. While the investigation was going on, Green decided to resign from his position with the Utah Highway Patrol, which made it more difficult for investigators to question him.
Later on, another woman found justice. The video evidence of her arrest gave her exculpation due to inappropriate conduct. The video footage showed that Green wasn’t telling the truth about observing the woman for 15 minutes before taking a sobriety test, as required by Utah law. The court overturned her charges on appeal.
After the investigation, internal affairs concluded they didn’t have enough evidence to prove Green intentionally lied on the report. However, there was enough evidence to show he was sloppy in his reporting. As a result, the district attorney’s office decided not to prosecute cases that relied solely on Trooper Green’s arrest reports.
If You’re Arrested
Don’t fight it alone! Give us a call at The Kavinoky Law Firm, 1-800-NO-CUFFS, 24/7. We have lawyers that work around the clock just to ensure a great DUI defense for you. Since we are comprised of the top attorneys in Los Angeles we are your best chance of fighting a conviction and maintaining your freedom.
