No More Video of Breath Testing in Tampa, FL

It was great while it lasted.

In almost all DUI cases for Hillsborough County, we were able to obtain through a public record request a videotape showing everything that happened from the moment our client entered central breath testing at the Hillsborough County Sheriff’s Office, during the 20-minute observation period before they took the breath test, during the breath test, and during the short time after the breath test before they were taken out of the room.

The security cameras captured everything. The software that allowed you to view the videotape also allowed you to zoom in or zoom out on a particular shot.  You could see the arresting officer during the entire 20-minute observation period before the test was administered.

Tampa DUI Lawyers in Hillsborough County, Florida considered these tapes extremely valuable because they often showed that the arresting officer was not following his obligation to watch the subject closely for 20 minutes before taking the breath test. Other times, the videos showed the officers using excessive force or failing to follow certain procedures.

The evidence on the videos was often the main evidence used during motion hearings to exclude the breath test result or to impeach the arresting officer’s testimony. Of course, the tapes sometimes showed evidence that could be used by the prosecutor to show that the suspect was guilty of DUI, particularly if the person under arrest appeared unsteady on his feet or was abusive to jail staff. But the truth came out in each case. These tapes allowed justice to be served. Both sides could view the video. It helped resolve cases short of trial. The tapes always told the truth.

For people who took the breath test on November 5, 2009, or after, this important videotape evidence at central breath testing will no longer be available now that the Hillsborough County Sheriff’s Office has opened the new breath testing unit. In the new unit, there are no video cameras except in a special room set up for the officers to read the suspect the “implied consent warnings” in the event a suspect tells the officer that he intends to refuse to take the breath test.

The video cameras create an incentive for the arresting officer and other jail employees to follow the rules and procedures set out for processing an individual recently arrested for DUI. Without the cameras, the officers may feel that they can act badly with consequences. A recent newspaper article quoted Jail Commander Col. Jim Previtera as saying: “If the public doesn’t feel that we can be trusted… that we have to have cameras in every inch of our facilities, that our deputies can’t stand in front of a court of law and raise their right hand and swear to the oath they’ve taken, then what’s that say about our society?”

What does it say about HCSO that they decided to redesign the Central Breath Testing Unit without video cameras?

More than 6,000 individuals are arrested for DUI in Hillsborough County, FL, each year. These cameras have allowed attorneys to present a full picture to the court and the jury who might be deciding the case. Most importantly, the cameras motivate the officers to think carefully about their actions and try their best to follow all rules and procedures. But not anymore.

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Our Attorneys

Leslie M. Sammis

Leslie M. Sammis

Jason D. Sammis

Jason D. Sammis

Joshua L. Monteiro

Joshua L. Monteiro

Dominique Celerin

Dominique Celerin

Katherine A. Aranda

Katherine A. Aranda

Idalis Vento

Idalis Vento