Baltimore County Body Cam Not Guilty

Gary S Bernstein

I just returned from court after a Not Guilty verdict in a DUI.  There were 14 Body Cams but only one that was diapositive.  That Body Cam showed my client at his car and the subsequent field sobriety testing.  The officer’s report was 100% accurate, but there is a difference in how you visualize the written word as compared to what you actually see.  Small “failures” are not really failures.

My client had no problem producing his license and registration.  His speech was clear and easily understood.  He exited the car without difficulty and walked to the adjacent shopping center parking lot without a problem.  He stood still and patiently listened to the police officer explain the exercises and asked common sense questions.  He mentioned his injured knee. His walk on the line was fine and he did not sway or fall.  He had little difficulty with the one leg stand test.  The prosecutor argued from the written report, but the judge then said but I saw it on video.  There was more than a reasonable doubt and he was acquitted.  We went upstairs and filed the Expungement paperwork.

Body Cams are good for the defense.  I have suppressed breath tests as well based on the procedure at the police station.  You have to take the time to make sure you get them and then watch them.  Those of us who are expected to be at the top all the time, take the time and there are no shortcuts.  The State’s offer before I watched the Body Cam was fair based on the written report.  I not only watched them, but called the prosecutor and directed her to the exact tape. My client got the proper result.