When I left the bar I had a friend following me in a car. We went about 2 miles down the road and then entered the highway. Never once was there a cop behind me or the person that was following me. The person that was following me said they saw the SHP guy enter the highway about a quarter mile behind her. Then he sped to catch up to us and ended up cutting her off to pull me over. The SHP officer asked me if I knew the people in the car behind me bc they were following close behind. I just said nope to not cause other problems. After that he told me he saw me "cross the white line" and thats why he pulled me over. But he was never behind me? can I request the video/radio footage and fight this?
If the car is equipped with a dash cam, the video can usually be recovered and used to determine the accuracy of the police report. DUI cases carry harsh penalties (including mandatory jail time and license suspensions) and are enhanceable, so it is wise to hire a DUI defense attorney in your area to assist you.
Best of luck.
Your attorney can request to examine any evidence the state may have. This includes any videos. This a serious charge and you should hire counsel as soon as possible.
Most Ohio State Patrol vehicles are equipped with cameras. A good defense attorney will know how to request the video informaiton and how to get it. I have handled OVI cases in all of the Dayton area courts and each court handles requests a different way. If you are interested in fighting the OVI case I strongly suggest you retain a good criminal defense attorney who can review everything.
Your situation is not unique. But, most jurisdictions will not outright dismiss an OVI charge based on the cop "making a mistake." They have a lot of reasons why things don't show up on the video and the courts will believe them. You may win a dismissal, but only if you have competent counsel to fight the case. Jeff Meadows is the best I know in Cincinnati and Larry Denny in Dayton is very experienced as well. Any attorney can represent you, but not every attorney is experienced at really fighting OVI cases. As Red Adair says: "if you think hiring an expert is expensive, try hiring an armature."
You can request dash cam footage in discovery as the other lawyers in this question have stated. You should contact a lawyer who will be able to assist you, as OVIs carry serious penalties, including mandatory jail time.
