We have stated in prior blog posts that the presumption of innocence until a person is proved beyond any reasonable doubt to have committed a crime is an important underpinning of our legal system and American way of life. Police and prosecutors do make mistakes; testing equipment sometimes does fail; evidence is sometimes mishandled; and people often jump to conclusions before the facts are sorted through.
We ask readers to consider the DUI case of Atlanta Braves pitcher Derek Lowe, which we have discussed in two blog posts recently. Initially, media reports made it seem quite clear that Lowe was guilty of driving drunk, as well as racing another vehicle. He was arrested for speeding and DUI and issued a very public apology to teammates, fans and management.
And then, just last week, a City of Atlanta prosecutor summarily dropped all the charges against Lowe. Lowe steadfastly denied that he was drinking at all or racing another driver. The Georgia state trooper who arrested him challenged both those statements.
Lowe is perhaps thankful for the police dash-cam footage that the Atlanta Journal-Constitution obtained yesterday, which records and provides video of Lowe's stop and the words spoken between him and several officers.
The newspaper states that the footage shows Lowe "surrounded by up to three officers" who seem to be "at times baiting and badgering him." Throughout the stop, Lowe is heard repeatedly denying that he was drinking or speeding. "Why would I want to race anybody,?" he says at one point, adding, "I live two blocks from here."
As we mentioned in an earlier post, Lowe drives a Porsche, yet the reporting officer wrote that the two speeding vehicles were a Camaro and an Aston Martin. Notwithstanding that inconsistency, one of the troopers is heard asking Lowe, "Do you want to start telling the truth now or do you want to keep lying to me?"
The police report noted that, "Mr. Lowe made statement that did not make any sense." The Journal-Constitution calls that "a conclusion not supported by the dash-cam footage."
If you are facing criminal charges for a DUI or other traffic offense, contact an experienced Atlanta traffic violations attorney.
Related Resource: Atlanta Journal-Constitution, "Dash-cam footage reveals aggressive examination of DUI suspect Derek Lowe" June 7, 2011
