Can the case be dismissed if there is no video in DUI case? 10 Answers as of April 25, 2014

I was "paced" for speeding one night after having some drinks at a friend's house a few weeks ago. The officer initiated a traffic stop and then conducted a field sobriety test that I failed, apparently. I hired an attorney immediately and they sent for the video of the traffic stop and Blood Test results. The state sent a letter to my attorney stating that they do not have the video. We are currently waiting on the blood test results, but I am wondering if the legality of the stop can be called into question considering the officer's probable cause was speeding, confirmed by "pace". Doesn't there have to be a video to prove his probable cause for stopping me? Thanks.

Ask a Local Attorney. 100% Anonymous. Free Answers.

Free Case Evaluation by a Local Lawyer: Click here
Michael Breczinski
Michael Breczinski | Michael Breczinski
No there does not have to be a video for probable cause.
Answer Applies to: Michigan
Replied: 4/25/2014
Freeborn Law Offices, P.S.
Freeborn Law Offices, P.S. | Steve Freeborn
Highly unlikely. However, since you have an attorney, I will not second guess what he is doing.
Answer Applies to: Washington
Replied: 4/23/2014
Law Office of Thomas A. Medford, Jr., PC
Law Office of Thomas A. Medford, Jr., PC | Thomas A. Medford, Jr.
Since you have an attorney you should address your question to him or her.
Answer Applies to: District of Columbia
Replied: 4/23/2014
Law Office of Edward J. Blum
Law Office of Edward J. Blum | Edward J. Blum
Not necessarily. For years before video cops were lying about probable cause. CHP order says has to be video. Do find out why no video.
Answer Applies to: California
Replied: 4/23/2014
Anderson Law Office
Anderson Law Office | Scott L. Anderson
Once you retain an attorney you need to talk with that person with regards to your case.
Answer Applies to: Minnesota
Replied: 4/23/2014
    The Law Offices of Harold L. Wallin | Harold L. Wallin
    Video is not mandatory and "paces" are an accepted way to prove speed. There may be an issue if there was a video but it has not been preserved.
    Answer Applies to: Illinois
    Replied: 4/23/2014
    Law Office of Robert E McCall | Robert McCall
    1. Trust your attorney. 2. You can always challenge the stop but you run the risk of alienating the Judge if the challenge is for a frivolous reason.
    Answer Applies to: Florida
    Replied: 4/23/2014
    Lawrence Lewis
    Lawrence Lewis | Lawrence Lewis, PC
    There does not have to be a video to prove probable cause. His word as an officer is enough. HE is not your pot head friend, he is a police officer. Either there is no video and never was, which means there no more to argue on that point. OR there was a video but it has been lost, in which case there are a number of arguments that your attorney can make.
    Answer Applies to: Georgia
    Replied: 4/23/2014
    The Houser Law Firm, P.C.
    The Houser Law Firm, P.C. | A. Bowden Houser
    Probably not. Pacing or visually estimating speed is a legitimate basis for doing a traffic stop. Typically, unless you were involved in an accident, there would not be a blood test but rather a breath test and you should have received the results of that at the time the test was performed. The fact that there is no video may be helpful if you elect to go to trial but basically if everything was done properly on the officers end and your BAC comes back greater than .10 you are basically looking at your attorney being able to do nothing but minimize the punishment aspect as much as possible.
    Answer Applies to: North Carolina
    Replied: 4/23/2014
    Austin Legal Services, PLC
    Austin Legal Services, PLC | Jared Austin
    They don't need a video to confirm speeding. The officer's testimony is enough to substantiate it. However, there may be other grounds to challenge the stop or your arrest.
    Answer Applies to: Michigan
    Replied: 4/23/2014
Click to View More Answers:

Need more information on drunk driving law? Visit our free DUI resource page to learn more.

If you need immediate assistance, fill out a free case evaluation form to connect with a DUI lawyer in your area today!