Important OUI Evidence

While every OUI case is different, there are some important pieces of evidence that need to be considered when deciding whether to fight an OUI or take a plea. Because some of this evidence can quickly be lost, it is important to discuss your case with an experienced OUI attorney as soon as possible. Here are some examples of important evidence that we look for in each case:

• The police report. Now, to be clear, this is not evidence. However, the police report does act as a guide for how the officers in the case will testify – and their testimony is evidence. The police report also will assist you in figuring out what evidence could be available.
• 911 calls. If someone called 911 in an OUI case to report erratic driving or an accident, that call will be recorded. It is unlikely that the call itself would be played in an OUI case, but the person who called may testify.
• Turret tapes. Anytime the police say something over their radio it is recorded. While these tapes usually don’t hold any evidentiary value, they can give important insight into how the police were thinking during the arrest. They can also help with any OUI motions as they will often show the exact order of events prior to the arrest.
• Police videos. In Massachusetts, the police could be filing you on body cameras, dashboard cameras, or booking cameras. Videos in OUI cases are usually the most important evidence, as the real-time depiction of the defendant can either make or break a case. Often time, these videos are deleted between 7-30 days after the arrest.
• Third-party videos. These are videos that are taken by someone other than the police. Often, these come in the form of a local business’ CCTV cameras. Typically, you need to file a special type of motion to get these videos, and they can be lost within 24 hours.
• Medical records. If you were taken to the hospital, it is important for your lawyer to review your medical records as soon as possible. Even if you weren’t taken to the hospital, your medical records from past or future visits could assist your defense.

There are just some types of evidence that Attorneys James G. DeGiacomo and Sergey Mikhlin look for when reviewing an OUI case. If you have been charged with OUI, call (617) 941-3666 as soon as possible, as important evidence can be lost.