“Six Out of Six Signs of Impairment” — Except the Camera Never Saw Them
Police reports often read like an open-and-shut case: bloodshot eyes, slurred speech, the smell of alcohol, six out of six “clues” of impairment on a field test. On paper, that sounds damning.
The Myth: “The Officer’s Report Is What Happened”
An officer’s testimony is evidence, not necessarily proof. And when body camera footage exists, it either backs up that testimony or it doesn’t. Other factors in a case can add to or take away from the credibility of the officer’s testimony.
What the Camera Actually Showed
In one recent Minnesota case, an officer testified that a driver had bloodshot, watery eyes, slurred his words, and smelled strongly of alcohol. But the body camera was pointed at the car door for most of the stop. The driver’s eyes weren’t visible during the very test the officer relied on. His voice, on review, sounded more like a “soft style of enunciation” than actual slurring. And the alcohol smell? It came from a car with three people in it — not particular to the driver at all.
The officer had never spoken to this driver before that night. He had no idea what the driver normally sounded or looked like. There was nothing to compare it to.
Drivers Have Rights
The driver declined most of the field sobriety tests and the roadside breath test. That is his right under Minnesota law — declining those tests is not, by itself, evidence that a crime was committed.
The Outcome
Once a judge reviewed the footage against the officer’s claims, the story didn’t hold up. The revocation of the driver’s license was rescinded. The driver was not guilty of a DWI crime.
What This Means For You
If you were arrested for DWI and the officer’s report sounds too clean, the body camera footage may tell a very different story. Don’t take a report at face value — and don’t let anyone else take it at face value either.
Call Marie Pacyga at Pacyga Trial Lawyers at 612-339-5844 before you assume the case against you is as strong as it sounds.
This post is for general informational purposes only and does not constitute legal advice. Every case is different. Contact an attorney to discuss your specific situation.