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Tampa DUI to Videotape or Not to Videotape
DUI Video in Tampa
W.F. “Casey” Ebsary Jr.
DUI Defense Attorney – Tampa, Florida
📞 Call (813) 222-2220 or Toll-Free 1-877-793-9290
DUI Video Evidence: A Powerful Tool—or a Missing Link?
Not every Tampa DUI arrest is recorded on video. But when it should be—and isn’t—it can change the entire course of a case.
In a key Florida case, a DUI charge was dismissed because law enforcement failed to comply with a mandatory videotaping policy. The appeals court noted that the deputy admitted he “chose not to” record certain traffic stops. If the policy isn’t optional, and the State can’t offer a valid reason for missing DUI video evidence, dismissal may be warranted.
📚 Legal Source: 16 Fla. L. Weekly Supp. 604a
What If There’s No DUI Video of Your Arrest?
When DUI videos are missing or incomplete, it may raise serious legal questions. As a Board-Certified Criminal Trial Lawyer, W.F. “Casey” Ebsary Jr. can challenge the evidence and fight to have improperly gathered or missing evidence excluded from court. In some cases, the entire DUI charge may be dismissed due to the violation of procedural rules.
Summary Table: Role of Video in Tampa DUI Defense
| Issue | Impact on DUI Case |
|---|---|
| Dashcam/Bodycam Video Exists | Can confirm or contradict officer testimony |
| No Video, Policy Requires It | May justify dismissal if the State lacks a valid explanation |
| Officer “Chose Not To” Record | Suggests noncompliance with department rules |
| Video Missing or Altered | Can trigger motions to suppress or dismiss |
| Video Shows Improper Police Conduct | May strengthen defense and raise questions of misconduct |
Top 5 Questions & Answers About DUI Video Evidence in Tampa
Is it required for police to videotape all DUI stops in Tampa?
Not always. However, some agencies in Hillsborough County have policies requiring officers to record DUI stops when equipment is available. If the agency had a mandatory policy and failed to comply, this may be grounds for a strong defense.
Can a DUI charge be dismissed if there’s no video?
Yes—in limited cases. If the officer was required to record and did not, and the State cannot provide a satisfactory explanation, dismissal may be possible. Courts have previously thrown out DUI cases for this reason.
What if the officer claims the equipment didn’t work?
The burden shifts to the State to prove that the failure to record was not intentional or negligent. A skilled DUI lawyer can request maintenance logs, audio records, and other evidence to verify or challenge that claim.
Can the DUI video help my case if it exists?
Absolutely. The video may show inconsistencies in the officer’s testimony, lack of probable cause, or proper behavior by the defendant. In many cases, it’s one of the most powerful pieces of evidence for the defense.
What should I do if I’ve been arrested and there’s no video?
You won’t know if there is or is not a video, absent a legal request to produce the evidence. Call an experienced DUI attorney right away. W.F. “Casey” Ebsary Jr. will investigate whether department policies were violated and whether the missing video can be used to fight the charges or suppress evidence.
Take Action Now – Your DUI Defense Starts Here
If your DUI stop wasn’t videotaped, or if the video raises questions, don’t wait. Protect your record, your license, and your freedom.
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Previous Post Updated to 2025
Not all Tampa DUI stops are videotaped. However where there is a Violation of mandatory videotaping policy, one court ruled that dismissal of a DUI charge was appropriate where the cops failed to adhere to mandatory videotaping policy. An appeals court ruled that where the court records showed that the deputy had previously stated that he ”chose not to” record certain traffic stops and if the DUI videotaping policy was not optional and the state could not produce satisfactory reason for not videotaping defendant’s stop, the DUI should be dismissed.
When law enforcement conveniently fails to collect video evidence of an arrest, Board Certified Criminal Trial Lawyer, W.F. ”Casey” Ebsary, Jr. can help the Court get a true picture of what really happened. Call Toll Free 1-877-793-9290.
Source: 16 FLW Supp 604a
DUI Videotape Roadside Case Summary and Complete Opinion
Summary by DUI2Go.com
Here is a summary of the case State v. Tercyak, 16 Fla. L. Weekly Supp. 604a:
The Second Judicial Circuit Court, acting in its appellate capacity, affirmed a Leon County Court’s decision to dismiss a DUI charge against Michael Tercyak with prejudice.
The dismissal was based on the arresting Leon County Sheriff’s deputy’s failure to videotape the traffic stop, despite having operational equipment in his patrol car. The core issue revolved around the interpretation of the Sheriff’s Office policy, which stated deputies “should” activate recording systems during traffic stops.
The State argued “should” made the policy optional, leaving recording to the deputy’s discretion. The trial court, however, interpreted “should” as expressing an obligation or duty, making the policy mandatory. The appellate court found competent substantial evidence supported the trial court’s interpretation of the policy as mandatory.
Crucially, the record showed that both the defense and prosecution counsel stipulated (agreed) that the deputy had previously stated he simply “chose not to” record certain stops without further explanation. Furthermore, the Assistant State Attorney conceded during the hearing that if the policy was indeed mandatory, the State could not provide a “satisfactory” reason for the deputy’s failure to record Tercyak’s stop.
The appellate court concluded that while violating the policy alone might not automatically warrant dismissal, the combination of the mandatory policy violation, the deputy’s insufficient reason (“chose not to”), and the State’s concession that no satisfactory explanation existed, provided sufficient grounds for the trial court to dismiss the case. The appellate court affirmed the trial court’s ruling.
Complete DUI Video Opinion by the Court
16 Fla. L. Weekly Supp. 604aOnline Reference: FLWSUPP 167TERCY