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The Good, the Bad, and the Ugly: Dealing with Body-Worn Camera Footage in a DUI Case

Body-worn cameras have diminished what defense counsel can do to minimize the adverse effects of poor performance on field sobriety tests. In addition, poor video performance calls into doubt defenses commonly raised regarding breath testing. Originally introduced for the protection of the police, body-worn cameras are here to stay and bound to improve. Competent representation of people charged with alcohol-related operating offenses requires counsel to be aware of the various strategies that can be pursued when a client’s case includes the ever-present and ofttimes damning electronic eye.