My brother was stopped for DUI while driving home from work. Officer claimed he had been watching him swerving, almost knocking over mail boxes. My brother passed field sobriety, (he had NOT been drinking) and was shocked when he was handcuffed and thrown in police car. Officer was aggressive and abusive, so when they got to station my brother asked for attorney and refused breathalizer. His attorney was skeptical and sent for dash cam video . We were in his office and viewed the tape. Attorney was "shocked", (his words). My brother was telling the truth. Tape shows my brother was not driving erratically, and officer's aggressiveness. Officers written statement completely different than the tape. Now prosecutor wants tape suppressed. Brother NEVER arrested in past. Can they do that?