Question: Please answer my DUI question. I was arrested in Cumming in Forsyth County. The police officer said that he saw me weave and he charged me with FTML (failure to maintain lane). He said I was all over the road. The Forsyth deputy sheriff that that I almost hit another car. He said he had it recorded on videotape. He told me that I could even see the tape sometime. After he stopped me he made me do field sobriety tests and I took a breath test and I got a .221.
But I don't think that I was weaving or swerving. I did adjust my GPS because I was going to a friend's house and I had never been there before. So if anything I think it was just because I was programming my GPS. Not that I was drunk. Does he really have a video of me? When can I see it?
Answer: Most Forsyth County Deputy Sheriff's vehicles are equipped with recording equipment. On most occasions the equipment performs properly and there is a record made of the traffic stop. So, based upon what the police officer told you, there would be a high likelihood that was a video made of the matter. If the video record does not demonstrate that you failed to maintain your lane, then there may be a legal issue regarding the stop. A police officer must have a "reasonable suspicion" that you committed a criminal act, in this case weaving (FTML). It is also possible that, even if the video does not show you swerving, the deputy will testify that he observed you swerve and that he then started the video. In Forsyth County, videos are available following your arraignment. As part of a Forsyth County DUI lawyer's discovery request, he would ask the prosecutors for a copy of the video as well as all documents related to your case.
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