Video Recording of Chicago DUI Arrests

There is an increasing likelihood that a greater number of so-called DUI Cops will soon have video cameras in their vehicles. Over the years this Chicago DUI lawyer has represented more than a few defendants whose DUI arrests SHOULD have been captured on video, but weren't. I know from experience just how easy it can be for the camera's purpose to be frustrated.

The best DUI defense attorney knows how to obtain full and complete Discovery, using all available means to do so. Most attorneys who lack DUI experience (maybe they were doing real estate until last year, and now they've reinvented themselves as a DUI lawyer) will likely miss critical items of Discovery. I have seen countless tricks and other shenanigans pulled by "the other side" as they attempt to limit the Discovery I get when defending my DUI clients. One of these 'tricks' involves the video recording by Top Chicago DUI Cops of their DUI arrests.

Here's what they do. Upon detecting so-called probable cause (off-camera), the officer curbs the suspect's vehicle. On camera, the officer approaches it, gets the suspect's driver's licence and insurance information, and returns to his vehicle. After running the information, he returns to the DUI suspect's vehicle, and asks the suspect a couple of (usually inaudible) questions. Right after that the suspect is asked to exit the vehicle, presumably for Field Sobriety Tests.

Now, wouldn't you think it important that the Field Sobriety Tests are performed on camera? Apparently Top Chicago DUI Cops think otherwise; often the suspect is led off-camera to perform the tests, sabotaging the purpose of installing the cameras in the first place. I'm left looking at a video of the suspect's vehicle, curbed in the police car's headlights, while the Field Sobriety Tests are performed off-camera.

Without changes to Police operating procedures for DUI arrests, and/or to DUI laws in the State of Illinois, I fear that spending $2m of Federal stimulus money to put video cameras in 275 more Chicago Police vehicles may be just another waste of your scarce tax dollars. If we want our roads to be safer, and DUI arrests to be sound, more is needed than just money. Otherwise, we face a continuation of bad DUI Police work - convicting the innocent, and leaving the roads unsafe.