Police Body Cameras Are Game Changer for OUI Cases

Police departments in Concord, Massachusetts and several nearby towns now use body cameras and dashboard mounted cameras to record interactions with motorists. This represents an extremely important development in the way that OUI cases are handled by prosecutors and defense attorneys. Previously, OUI defendants were stuck with the police officer’s account of the interaction in the police report. With video and audio of these interactions now being routinely recorded and produced to defense counsel, the jury and judge can see for themselves how the defendant behaved, and do not have to rely on the police officer’s memory as reflected in the police report. Any differences between the police report and the video may call into question the accuracy of the officer’s testimony at trial. I recently tried an OUI case in the Concord District Court in which I thought the dash and body camera videos demonstrated my client’s sobriety. The evidence at trial consisted mostly of playing the body camera footage for the judge. The judge agreed with me and found my client not guilty.

The increasingly availability of such video is a “double edged sword,” because it can also provide powerful incriminating evidence against intoxicated drivers. In addition, numerous complications can arise in the use of video, including: difficulties with utilizing the video software used by a particular police department (police departments often use different camera technology and computer software to play back the video); police officers failing to point their body cameras at the defendant (or part of the defendant) at a crucial time; and poor quality audio or video. These challenges aside, this technology seems to be here to stay and is rapidly improving. Overall, I believe it will result in fairer outcomes for OUI cases.