Is there anyway to get the tape from when this happened. He had me walk over to a machine and when I asked him to explain whats required for this test. What is this machine. It then said that 3 minutes were up and that was it. After we sat back down I asked repeatedly, now that I understand the test I would like to prove my innocence. He refused multiple times and made comments about all the "paperwork" that he was doing.
Where can I go from here.
He also said that I failed one of the FST's because I touched the bridge of my nose instead of the tip. It was never stated where on the nose. Walk a line that he found in the parking lot that was covered in snow and ice. This was all after i stood on a foot for 30 seconds and reciting my ABC's - in a non rhythmic manner (his words not mine)
Your attorney should subpoena all existing videos (station-house and squad videos). This should be done as soon as possible after arrest. Most videos, if they exist, are recycled after a certain period of time. If you have not already, consult with an attorney regarding the specifics of your case. More information on DUI defense in Illinois is available at the links below.
You need a good, aggressive DUI attorney. Most suburban police departments are now equiped with dash-mounted video surveillance cameras which should capture the performance tests and driving. Although some police departments have video surveillance in the station, few have audio. Performance tests must be administered according to the standards set forth by the National Highway Traffic Safety Administration and any variance will invalidate the results.
All of the points you raise are relevant to the SSS and the DUI charge and possible motions. The videos should be subpoenaed immediately by your attorney. If you do not have an experienced criminal defense/DUI attorney, get one. Most of us provide free consultations. www.galivanlaw.net
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