Found an issue on this page? Let us know and we will look into it as soon as possible.
Can I video record my own DUI sobriety test ?
Anonymous7 views7 answers
If someone gets pulled over and the officer wants to administer a field test, can the person tell the officer they will only consent to it , if they are able to able use their phone to record everything. These days you can't trust the police since they lie to suit themselves, and to build their case. God will punish those dirty cops on the streets. I wouldn't want to rely on their dash camera since it may not be working , or they may turn it on or off as they please. So my question is can I ask for the entire encounter to be recorded ?
You are not obligated to take any field sobriety tests even if asked by the police. The refusal is guaranteed by the US Constitution. That may or may not help you. You are also able to tell the officer that you will be happy to take the tests but only if they are recorded and the recording is saved and available for your attorney. You also have a right to have an attorney present before you answer any questions.
James F. Feuerstein IIIBankruptcy AttorneyTavares, FL ·
Legally there is no prohibition upon you recording your own field sobriety tests. As a practical matter, you would need to do so without interfering with the officers investigation.
There have been many instances where the cops (improperly in my opinion) arrest someone who is simply videoing a traffic stop or investigatory stop. Most are charged with obstructing an officer in his official duties.
If you can record your own FST without interfering with the officers investigation, I believe you would be OK. You should invest in your own dash cam, they have one that is hidden in the rear view mirror. These are very popular in Russia where police corruption and insurance fraud is rampant. Considering getting one myself.
You should be able to record so long as it doesn't intrude on their investigation. Also, you can't put conditions for you doing field sobriety tests, on them allowing you to video tape. There should be a record, but don't think you can force them to video your tests. If there is a requirement, then they should be doing it anyway. Can't hurt to have a backup, if you have the ability to tape the tests as well. You should also know that the camera or phone may be seized as evidence, so be careful what you wish for.
You should record any such police encounter and not just the FSTs. You want to record everything if you can.
Regarding one of the other answers talking about the camera being seized as evidence, that is a risk and it's a good point. There is a good answer for it if you're using a smart phone - use a streaming video app like UStream (there are others). The video is recorded to your account on the web, so you will have access to that video even if they take your phone.
I would also encourage you to look up a group called "Photography is Not a Crime". Just do a Google search for PINAC. There's a website and a very active Facebook page.
Your question was, in part, whether you can ask for the encounter to be recorded. Of course you can ask, but they are not generally required to do so. In some places (like most of Florida) the dash cam will be on the officer probably has a microphone so much of the encounter will be recorded. In other places (like most of New York State) the police will not be recording and they won't even have an available camera to record.
You're the subject of the test so it's hard to see how you're going to hold a camera that will get good video showing how you performed.
In general I would just recommend not doing the field tests. They're complete garbage.
As of this time, there is no statutory prohibition against recording your own field sobriety tests so long as its done without interfering with the officers investigation - lest you end up with an obstruction type charge. Yes, you may ask the police officer.