NEW CASE RESTATES REQUIREMENTS OF DUI IN-CAR VIDEOS
As I have posted before, in DUI arrests, standard field sobriety tests are required to be captured on video by the arresting officer. (Copy/paste this link for the post https://bradyvannoy.com/dui-videotape-law) Last month, the South Carolina Court of Appeals published a decision in a case (State v. Cody Gordon, Op. No.2013-000515 (S.C.Ct.App. filed April 23, 2014) (Davis Adv.Sh. No. 16 at 71) where a Defendan'ts head was not visible on the Horizontal Gaze Nystagmus portion of the field sobriety testing on the videotape produced at trial. The Court held, "[b]ecause of the purpose of the videotaping to create direct evidence of the arrest, if the actual tests cannot be seen on the recording, the requirement is pointless." The Court of Appeals affirmed the trial court's ruling that the tape failed to comply with South Carolina law. Copy/paste this link to read the case http://www.judicial.state.sc.us/opinions/HTMLFiles/COA/5226.pdf
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Brady is a member of the South Carolina Association of Criminal Defense Lawyers and The National Association of Criminal Defense Lawyers. Brady defends DUI and criminal cases in Berkeley, Charleston, and Dorchester counties along with other areas of the South Carolina low country. He can be reached at (843) 761-0610 or through the contact page on this website.