Police Body Cameras May Not Protect You on Mother's Day.

A DUI on Mother’s Day is the worst nightmare for any mother. In Fresno, the police department has a DUI enforcement unit that specifically targets possible DUI drivers. Nearly all motorcycle officers that are driving in the evening and early morning are a part of this city-wide enforcement effort to stop and arrest drunk drivers. Since Mother’s Day is this weekend, I figured I would share some of the concerns I have with the police when they are on duty so you do not fall into the same trap so many others have on holiday weekends.

Instead of deterrence, Fresno police will target a location and wait for unsuspecting drivers to leave an establishment and then pull them over for a simple traffic offense. In some cases, the stop was justified, while other times, the charges are not. Any whiff of an alcoholic beverage is enough for the officer to believe that the driver is under the influence. Once the officer makes contact with the driver, the driver is immediately pulled out of the car and forced to perform field sobriety tests and questioning regarding the amount of alcohol the driver has consumed.

In a battle to protect citizens, our office fights these cases on a daily basis. The laws against driving under the influence are even more problematic for a driver when the driver is forced to conduct a DMV hearing and appear in court for the criminal charges he or she is now facing.

Because the officer is aiming for a conviction, the reports are in favor of the government and not the driver. These officers routinely fail to report the positive facts about the incident (exculpatory evidence).  Instead, the District Attorney and the judge to left to believe that the driver was practically falling down drunk at the scene, when in fact the driver was at or just above the legal limit.

Luckily, the Fresno Police Department requires officers to wear a body cameras while they are patrolling. The use of body cameras is helping to improve the way we can defend the DUI charges in court, as well as DMV. In many cases, the officer’s report lacks the specific information to determine if the driver’s rights were violated. An experienced DUI lawyer can obtain these body cameras and may be able to prove that the officer did not have reasonable cause to pull the driver over in the first place, or did not properly investigate the incident to ensure the officer had probable cause to arrest the driver for being under the influence.

Unfortunately, there are still too many police departments in the Central Valley, and across the country, that do not require police body cameras. In those cases, many drivers are still being stopped, arrested, and prosecuted under the guise that the officer did his or her job correctly. Public support over the past few years has forced some departments to do so, while others hide behind their shields to keep what their actions secret.

Although most people are in favor of law enforcement adopting body cameras, but still police departments in this country lag on implementing these devices. By requiring all body cameras to be worn, and turned on at all times, will not only stop needless police shootings, but will make sure that officers are properly trained and use that training to actually do police investigations.

Over the last year, my office has seen cases where police fail to turn their cameras on, claiming the battery was dead or they just forgot. These are acts of subordination and should be handled as such. First of all, the batteries are equipped to last through their shifts and if for some reason they are not, they should be requesting a backup battery. The excuse that they failed to turn on their camera is incompetence and we cannot allow this excuse to be accepted.  

Lastly, it has been found that in many cases, only one officer’s camera is turned on at a time. This is incredible since the government is the one that must proof beyond a reasonable doubt that the accused is guilty of the crime.  The question to ask yourself is why would only one officer turn on his or her camera while the other officer does not? The only logical explanation is they are not seeking the truth and do not want to expose themselves or their partners to incompetent investigation or even to something more nefarious.

Body cameras are a good start, but as you can see, it is not enough. We must continue with the fight in transparency to those we employ to protect us. We must demand that law enforcement be responsible for their actions and when they cannot follow simple instructions, then they should not continue their employment. Our mothers would not allow these excuses from us even when we were toddlers or in elementary school children, so why should the police be allowed to get away with this behavior.

In order to avoid the problems with police incompetence, it is important to protect yourself and not drink and drive. Do yourself a favor in avoiding the temptation of having one drink.  You do not know what story will be told if an officer pulls you over and there is no guarantee that the police body cameras will be working in your case.  It may be true that you may still get pulled over for being at your favorite restaurant, bar, or club.  However, if you do not consume any alcohol, use narcotics, or take prescription medication before driving, the officer will not be able to prove that you were under the influence.

It is likely there will be a DUI Checkpoint this weekend, but even if there is none, the Fresno DUI Enforcement Unit will be out in full force.  

If you just received a DUI, remember you only have 10 days to request a DMV hearing or you will lose your license.  Call us right away for your free consultation.  By contacting the Law Offices of Tina M. Barberi, P.C., we will request a DMV hearing for you for free. We will do everything in our power to obtain the body cams and if they are not available, we will fight to inform the DMV, judge, and jury why the videos are missing.


Posted on
May 9, 2017
in
Fresno Drunk Driving Posts
category
Mother’s Day, Mother’s Day 2017, Fresno DUI on Mother’s Day, Fresno DUI on Mother’s day weekend, drink and drive, body cameras, Fresno DUI, DUI arrest, DUI lawyer, Fresno DUI lawyer, support for police cams, police body cams

Fresno DUI's and Miranda Rights in DUI Cases

A Fresno DUI lawyer will help keep confessions out of the courtroom. Do not confess to police and call a criminal lawyer.
DUI
Tina Barberi, DUI and criminal lawyer in Fresno will fight to win your criminal and DUI case.
Tina M. Barberi
March 16, 2015
There are changes in the Miranda laws and you may not realize that Miranda may not apply in your case. See how you can protect yourself when the officers question you during a DUI investigation in Fresno County.

Combination for Disaster: Prescription Drugs and Driving

Medical DUI cases need experienced drug driving lawyer in Fresno.
DUI
Tina Barberi, DUI and criminal lawyer in Fresno will fight to win your criminal and DUI case.
Tina M. Barberi
July 30, 2015
If you are taking prescription drugs, read this before attempting to drive so you understand the dangers your medication may have on your driving. Even without drinking, you could face a DUI charge and a jail sentence.

Graduation Day 2015: Avoid DUI Arrests

Talk to a Fresno DUI lawyer if you are charged with drinking and driving in Fresno after a graduation event.
DUI
Tina Barberi, DUI and criminal lawyer in Fresno will fight to win your criminal and DUI case.
Tina M. Barberi
May 28, 2015
Congratulations, Graduates. We would like to tell you how proud we are of you for your hard work. We also want to caution you on not drinking and driving because it can damage your future if you do not take our advice.

What You Must Know if You are Arrested for a DUI.

Illegal searches and seizure cases are difficult to prove without an experienced criminal law firm in Fresno, California.
DUI
Tina Barberi, DUI and criminal lawyer in Fresno will fight to win your criminal and DUI case.
Tina M. Barberi
May 16, 2015
DUI arrests are complicated and in order to fight a DUI, you must understand how an officer can arrest you on suspicion of DUI. Learn what it takes for an officer to prove you are guilty of a DUI and how to defend yourself.

Latest and Strangest DUI and Criminal Law News

See what is in the news today with these stories. Fresno defense lawyer will fight your criminal and traffic case in Fresno.
Our Firm
If you are arrested for DUI, get the best legal defense with help from Jeanne Slaven.
Jeanne Slaven
August 19, 2015
Need a little humor in your life? If so, you do not want to miss out on the latest and strangest stories out there today. Learn from these guys so you do not find yourself in the same situation and facing criminal charges in court.

Happy Halloween! The Scary Truth of Halloween DUIs

Do not drink and drive on Halloween. If you are arrested and face DUI or criminal charges, get a DUI attorney in Fresno.
Our Firm
DUI defense lawyer enlists Gonzalo Quezada for clients accused of DUI, criminal or traffic charges.
Gonzalo Quezada
October 30, 2015
The scariest trick you can receive is winding up in jail on Halloween. If you are preparing to drink on our scariest day of the year, take these tips to heart before getting in your car. We can show you how to avoid a DUI arrest.

Saving Lives: Protecting Patients with Marijuana

Drug and marijuana cases can be fought when you have the right criminal law attorney in Fresno. Free consult to discuss your case.
Criminal
DUI defense lawyer enlists Gonzalo Quezada for clients accused of DUI, criminal or traffic charges.
Gonzalo Quezada
October 6, 2015
Questions on medical marijuana in the state of California? See what the problems with production and transportation of medical marijuana in the state and see what you can do to protect yourself as a user and patient.

Reminder to Reduce Your Charges Under Prop 47

See if you qualify for Prop 47 relief or an expungement for your felony case. Our lawyer will make sure you qualify.
Criminal
If you are arrested for DUI, get the best legal defense with help from Jeanne Slaven.
Jeanne Slaven
March 18, 2015
If you have a Proposition 47 case and you are eligible to apply, make sure to apply for relief. Failing to do so will result in your charge staying on your record and you will still be considered a felon. Don't wait, call us today.

Memorial Day Weekend - DUI Arrests and DUI Checkpoints

If you have a DUI case because you were charged with a DUI on Memorial Day, call an experienced criminal and DUI lawyer as soon as possible.
DUI
Tina Barberi, DUI and criminal lawyer in Fresno will fight to win your criminal and DUI case.
Tina M. Barberi
May 22, 2015
Memorial Day may be a great day to remember those that serve, but make sure not to serve yourself too many drinks. Fresno police officers are cracking down on drunk drivers so follow these tips to avoid being arrested.

I am Innocent! Why Should I Hire a Criminal Attorney?

If you need help with your criminal case, find experienced criminal lawyer Fresno area. We make sure you get the help you need.
Criminal
Tina Barberi, DUI and criminal lawyer in Fresno will fight to win your criminal and DUI case.
Tina M. Barberi
August 12, 2015
If you are facing criminal charges, it is difficult to know what your attorney is required to do for you. Learn what your constitutional rights are in order to obtain the best possible lawyer that can help you with your defense.

Happy Holidays From Our Family to Yours!

Happy holidays from Tina M. Barberi. Don't drink and drive during the holiday season.
Our Firm
Tina Barberi, DUI and criminal lawyer in Fresno will fight to win your criminal and DUI case.
Tina M. Barberi
December 22, 2016
Happy Holidays! During this time of the year, it is easy to get caught up in the festivities. But if you are drinking, please don't drive. If you are arrested for a criminal charge, don't talk. Instead, let us defend the charges against you.

10 Things You May Not Know about Criminal & DUI Charges.

DUI complaints, criminal complaints, and traffic citations are all ways to charge you with a crime. Fight back with a Fresno lawyer.
Criminal
Tina Barberi, DUI and criminal lawyer in Fresno will fight to win your criminal and DUI case.
Tina M. Barberi
May 7, 2015
The criminal justice system is very complex. Here are the 10 things you need to know to defend yourself in court, including frequently asked questions that will help you when you are facing criminal charges in Fresno.

You Might Also Like