Have you seen TV shows where a person is captured on video in a high speed chase or is suspected of being a drunk driver? You will not see that in a Polk County Sheriff DUI case. This is because the Polk County Sheriff does not use video in its DUI cases.
Why wouldn’t the Sheriff use the latest technology and provide a jury at the DUI trial with the video and instant replay so that the jury could see for themselves if the suspected drunk driver was actually impaired? Because when there is no video, it becomes the deputy’s word against the driver’s word!
BUT, THERE IS A VIDEO IN THESE CASES!!! When the driver is arrested for DUI, they are taken to central booking at the Polk County jail in Bartow, Florida.
THE BOOKING AREA IS VIDEOTAPED!
The video would show the driver being booked into the jail, walking around the booking area, standing at the jail, having their mugshot taken, taking off their shoes and socks, putting on their jail issued sliders, being fingerprinted, and interacting with the deputies arresting the driver and the booking deputies at the jail.
Under Florida law, whether someone is guilty of DUI depends on whether their not their “normal faculties” are impaired. “Normal Faculties” include the driver’s ability to see, hear, walk, talk, make judgments, and perform the many mental and physical tasks of our daily lives. EXACTLY WHAT THE BOOKING VIDEO WOULD SHOW!
The booking video is on a seven (7) day loop. Which means it tapes over itself every 7 days. The Sheriff is not preserving these videos for more than the 7 days. My research shows that Florida law requires that these videos be preserved for a minimum of 30 days! In addition, because it is evidence of an alleged crime (or that a DUI suspect actually is NOT GUILTY), law enforcement has a duty to preserve that evidence (video) so that a person arrested for Driving Under the Influence (DUI) can have the evidence they need to defend themselves against the DUI criminal charges in court.
Call 863-688-4606 and speak to an experienced criminal DUI defense attorney today. I can request your video if you contact me quickly or you may have a motion to dismiss your charges based upon a violation of your Due Process Rights under the Florida and United States Constitution.