Latest / BSPE Legal Marketing Podcast / How Can Body-Camera and Dash-Camera Video Affect an NJ DWI Case? - Rachel Kugel

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How Can Body-Camera and Dash-Camera Video Affect an NJ DWI Case? - Rachel Kugel · BSPE Legal Marketing Podcast

• 0:00
  How Can Body-Camera and Dash-Camera Video Affect an NJ DWI Case?
• 0:05
  When police pull you over on suspicion of drunk driving in New Jersey, a camera may be capturing every word you say, every step you take, and every instruction the officer gives.
• 0:16
  That footage can become one of the most powerful pieces of evidence in your case, working either for you or against you depending on what it actually shows.
• 0:25
  Narrator: Under New Jersey law, most uniformed patrol officers are required to use body-worn cameras during motor vehicle stops and arrests under N.J.S.A. 40A:14-118.5, enacted in 2020.
• 0:38
  Narrator: Recordings must be retained for at least 180 days, and longer periods apply when footage is flagged for preservation or needed as evidence in a pending case.
• 0:48
  Narrator: Dash-camera requirements tell a different story, because a mandate requiring cameras in certain municipal police vehicles was later found to be an unconstitutional unfunded mandate, leaving availability dependent on the agency and specific vehicle.
• 1:04
  Narrator: Some dash-cam systems automatically begin recording the moment an officer activates overhead lights, meaning footage can capture driving behavior before the driver even pulls over.
• 1:14
  Narrator: In a New Jersey DWI case under N.J.S.A. 39:4-50, body-cam and dash-cam footage can document everything from how you retrieved your license to the exact conditions where field sobriety tests were conducted.
• 1:29
  Narrator: Road slope, gravel surfaces, poor lighting, rain, and heavy roadside traffic can all affect a driver's balance during testing, and a camera can show details that an officer's written report simply glosses over.
• 1:43
  Narrator: Footage can also reveal whether the officer correctly gave and demonstrated the required standardized instructions before administering the walk-and-turn or one-leg stand test.
• 1:53
  Narrator: Dash-cam recordings can be particularly useful in evaluating whether an officer had reasonable suspicion for the traffic stop in the first place, since video showing lawful lane usage or a proper turn signal can contradict the violation described in the police report.
• 2:09
  Narrator: New Jersey courts do not admit horizontal gaze nystagmus test results as proof of DWI guilt, though they can play a limited role in determining probable cause, and footage of how that test was administered matters.
• 2:22
  Narrator: One of the most significant ways video affects a DWI defense is by comparing what an officer wrote against what the recording actually captured, since a report describing severely slurred speech can be challenged by footage showing clear, responsive answers.
• 2:39
  Narrator: Timing discrepancies in the required observation period before a breath test, improper questioning, or missing refusal warnings can all appear in footage and provide grounds to challenge the admissibility of key evidence.
• 2:52
  Narrator: Missing footage creates its own set of legal questions, because equipment failures, retention limits, and cameras that were never activated can affect what evidence the State is able to present.
• 3:03
  Narrator: An experienced attorney who understands how to obtain, review, and challenge police video can identify inconsistencies before plea negotiations or suppression hearings that could change the direction of your entire case.
• 3:18
  Narrator: Rachel Kugel is a New Jersey DWI lawyer who defends drivers facing these charges by carefully examining available police video alongside reports, breath test evidence, and the circumstances surrounding each traffic stop.
• 3:32
  Narrator: The law firm she leads takes a thorough approach to reviewing every detail of the State's evidence, looking for procedural problems, credibility issues, and facts that may support a motion to suppress or dismissal of charges.
• 3:46
  Narrator: Contact The Kugel Law Firm at 973, 854, 0098, located at 1 Gateway Ctr Ste 2600, Newark, NJ 07102, to schedule your free strategy session and speak with an attorney about how police video may affect your case.