Does the lack of video at a roadblock help or hurt my defense?

It can really go either way. When I was a prosecutor and now that I work on the defense side, I have seen many cases where the video helped the accused and many where it helped the officer. Gwinnett could fairly easily get video of folks at roadblocks and they don't bother. When we point that out to juries, it helps push them a little more toward the side of acquittal. The good news for you is that at a roadblock, there is very rarely any evidence that your driving was impaired. They don't see you driving, so they don't know if you fail to maintain your lane, speed, or do anything else. If the officer made any errors or omissions when it comes to your Implied Consent Notice or if there was a lack of probable cause to arrest you, then there is a chance of getting the .09 breath test suppressed. If you would like to give me a call for a free consultation we can discuss some of the possibilities. I specialize in DUI defense and was a prosecutor in Gwinnett County before going into private practice.

I agree with Mr. Proctor. I prefer defending a case with video because I can point out the errors made by the officer in administering the field sobriety "tests." You can fight the reliability of these "tests" but doing so takes both a knowledgeable DUI/DWI defense lawyer and probably an expert. Virtually any college professor who teaches experimental psychology would rip the reliability of these "tests" apart.

In my experience at a .09 the lack of a video will hurt your case as the police report will indicate you were showing signs of intoxication that typically are not supported by the video. That being said it may still be possible to beat your DUI or get the case reduced to reckless driving. Call me at 404-812-4305 to discuss your case.

As Mr. Proctor pointed out, it can go both ways. Video at a roadblock is only useful if there was some evidence of your driving or if field sobriety tests were conducted. Whether they were, what the report says about them, statements you made, etc. all contribute to whether or not your case can be won. An experienced DUI attorney can take all of the factors and give you a good opinion as to your chances. It would be very worth your while given the cost of a DUI in terms of fines, higher insurance, probation fees, and the classes you would be required to take if you were convicted or plead guilty.

Each case is different and it is impossible to tell if a video would have helped or hurt you in the defense of your case. I personally prefer to have a video -- I call them "truth insuring devices". With a video the officers can be held accountable for their mistakes in procedure, poor observations and inaccurate instructions on Field Sobriety Tests etc.. It is not uncommon for law enforcement to not have video of Roadblocks, in fact the Georgia State Patrol policies specifically allow them to not use video during a roadblock! Doesn't make sense to me and quit a few Jurors would agree with me. I would advise you to Retain the most experienced and qualified DUI attorney that is available to you ASAP! A detailed review of your case will give you the best idea of how to proceed with your defense. I hope this information has been helpful. Good Luck!!! George McCranie IV