Alcohol & Drugs: DUI, DWI Lowball Maneuver by Prosecutor (I think)

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thai1

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After being arrested for DUI, I filed a motion for discovery, knowing the video evidence would vindicate me. Now, 2 days before my trial, I've received the police report which is full of lies and states the following about the video evidence:

"I don't know if you got the tape....but the recording is unavailable. Something malfunctioned with the DVD and it is unable to play."

The video evidence is what I was counting on to win the case, as I passed all field sobriety tests with flying colors (in reality, as the video evidence would've shown) Also, this evidence would absolutely prove the arresting officer to be lying on the police report. It's obvious to me that prosecuting attorney or whoever watched the video/DVD, saw that the officer was lying on his report, and then decided to make that tape/DVD unavailable.
As it stands now, it's the officer's word against mine.

What angle should I take on presenting this in court to a jury, specifically relating to the fudging of the video evidence (which is not my fault, and seems to me to be theirs) which would not only vindicate me, but discredit the arresting officer?

Thanks a lot anybody's advice

Ryan
 
thai1 said:
After being arrested for DUI, I filed a motion for discovery, knowing the video evidence would vindicate me. Now, 2 days before my trial, I've received the police report which is full of lies and states the following about the video evidence:

"I don't know if you got the tape....but the recording is unavailable. Something malfunctioned with the DVD and it is unable to play."

The video evidence is what I was counting on to win the case, as I passed all field sobriety tests with flying colors (in reality, as the video evidence would've shown) Also, this evidence would absolutely prove the arresting officer to be lying on the police report. It's obvious to me that prosecuting attorney or whoever watched the video/DVD, saw that the officer was lying on his report, and then decided to make that tape/DVD unavailable.
As it stands now, it's the officer's word against mine.

What angle should I take on presenting this in court to a jury, specifically relating to the fudging of the video evidence (which is not my fault, and seems to me to be theirs) which would not only vindicate me, but discredit the arresting officer?

Thanks a lot anybody's advice

Ryan
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It is a conspiracy, huh.:rolleyes: I seem to remember something about a grassy knoll:eek:
 
Antigone said:
It is a conspiracy, huh.:rolleyes: I seem to remember something about a grassy knoll:eek:
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Actuall, so did around 100 witnesses, but thats another story. As far as conspiracy is concerned, dosen't there have to be a min number of like 2 people involved?:confused:
 
thai1 said:
After being arrested for DUI, I filed a motion for discovery, knowing the video evidence would vindicate me. Now, 2 days before my trial, I've received the police report which is full of lies and states the following about the video evidence:

"I don't know if you got the tape....but the recording is unavailable. Something malfunctioned with the DVD and it is unable to play."

The video evidence is what I was counting on to win the case, as I passed all field sobriety tests with flying colors (in reality, as the video evidence would've shown) Also, this evidence would absolutely prove the arresting officer to be lying on the police report. It's obvious to me that prosecuting attorney or whoever watched the video/DVD, saw that the officer was lying on his report, and then decided to make that tape/DVD unavailable.
As it stands now, it's the officer's word against mine.

What angle should I take on presenting this in court to a jury, specifically relating to the fudging of the video evidence (which is not my fault, and seems to me to be theirs) which would not only vindicate me, but discredit the arresting officer?

Thanks a lot anybody's advice

Ryan
Click to expand...



You are not qualified to represent yourself in a DUI case.
You have a lot lose, if you are convicted.
If you've ever tried a criminal case (not just a DUI), you'd know NOT to rely on getting any video evidence.
Most police departments don't save those tapes beyond a week.
Your mistake was in NOT using discovery to get that tape within hours of your arrest.

If you want to have any chance of lessening this charge, or even getting a not guilty verdict, hire a GOOD criminal law attorney that specializes in defending DUI cases.
If things are as you say, there are other ways of proving you weren't legally intoxicated.
I'll give you a hint, jail booking videos.
Most city and county jails retain that video far longer than police agencies retain patrol car footage!
You also have the booking officer's notes and observations.
Those can be obtained, if you know what you're doing.
Never bet YOUR case on one theory or avenue of defense.
There is no conspiracy here.
The tape is unavailable.
And, if you refused to blow or get a blood test, you've got to rebut the presumption of intoxication in many jurisdictions, anyway.
It isn't over for you, yet!
 
army judge said:
You are not qualified to represent yourself in a DUI case.
You have a lot lose, if you are convicted.
If you've ever tried a criminal case (not just a DUI), you'd know NOT to rely on getting any video evidence.
Most police departments don't save those tapes beyond a week.
Your mistake was in NOT using discovery to get that tape within hours of your arrest.

If you want to have any chance of lessening this charge, or even getting a not guilty verdict, hire a GOOD criminal law attorney that specializes in defending DUI cases.
If things are as you say, there are other ways of proving you weren't legally intoxicated.
I'll give you a hint, jail booking videos.
Most city and county jails retain that video far longer than police agencies retain patrol car footage!
You also have the booking officer's notes and observations.
Those can be obtained, if you know what you're doing.
Never bet YOUR case on one theory or avenue of defense.
There is no conspiracy here.
The tape is unavailable.
And, if you refused to blow or get a blood test, you've got to rebut the presumption of intoxication in many jurisdictions, anyway.
It isn't over for you, yet!
Click to expand...

Thanks for that info. Army Judge. No I'm not an attorney, but I do know what I've got to lose. I wasn't "approved" to receive a court appointed attorney, and since I'm broke without a job, I'm forced to defend myself. I guess I'll try to file some more motions Monday morning. In the meantime I'm online researching every second.
 
thai1 said:
Thanks for that info. Army Judge. No I'm not an attorney, but I do know what I've got to lose. I wasn't "approved" to receive a court appointed attorney, and since I'm broke without a job, I'm forced to defend myself. I guess I'll try to file some more motions Monday morning. In the meantime I'm online researching every second.
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Okay, I'll give few more tips, I've used.
If other police cars were present when you were arrested (there usually are), they all had their "COBANS" (video cameras) running.
You could get those videos.
In some cases, other agencies come around, in addition to the agency the arresting officer represented.
Their cars had "COBANS", too.
You could get that video.
If the event occurred in a public place, restaurant, nightclub, bar, etc..., perhaps the establishment had a video camera?
Get that video from the owner (or a copy).
You'll also need to subpoena the owner of the joint (or the custodian of the video) to introduce the video into evidence.
If you were taken to a hospital for a blood draw, the hospital has video cameras.
If any of the 100 people in the crowd had cellphones, you could already be on "YOUTUBE", or they might give you a copy of the video.
You'd also have to subpoena the cellphone owner, to get the video into evidence.
Okay, those are a start.
When you're ready, I'll give you a few more hints!
 
army judge said:
Okay, I'll give few more tips, I've used.
If other police cars were present when you were arrested (there usually are), they all had their "COBANS" (video cameras) running.
You could get those videos.
In some cases, other agencies come around, in addition to the agency the arresting officer represented.
Their cars had "COBANS", too.
You could get that video.
If the event occurred in a public place, restaurant, nightclub, bar, etc..., perhaps the establishment had a video camera?
Get that video from the owner (or a copy).
You'll also need to subpoena the owner of the joint (or the custodian of the video) to introduce the video into evidence.
If you were taken to a hospital for a blood draw, the hospital has video cameras.
If any of the 100 people in the crowd had cellphones, you could already be on "YOUTUBE", or they might give you a copy of the video.
You'd also have to subpoena the cellphone owner, to get the video into evidence.
Okay, those are a start.
When you're ready, I'll give you a few more hints!
Click to expand...

Excellent- I was pulled on the way from my house in early morning for failure to dim headlights (one headlight was broken, so i figured using my brights instead), so no public places were involved.
Is there no plain audio from the cops CB radio or something?
Also, a second cop came and pulled behind the first (in front of which i was being administered the tests) maybe try to get his tape to see if it caugh anything through the window of the first's?
 
thai1 said:
Excellent- I was pulled on the way from my house in early morning for failure to dim headlights (one headlight was broken, so i figured using my brights instead), so no public places were involved.
Is there no plain audio from the cops CB radio or something?
Also, a second cop came and pulled behind the first (in front of which i was being administered the tests) maybe try to get his tape to see if it caugh anything through the window of the first's?
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Yes, there are police radio transmissions.
There are transmissions on tape that should be available from the initial stop through your transport to the jail.
Get them!
You also want the other car's video.
It catches more than you might imagine.
Those tapes can also catch sounds!
The second cop should also be called as a witness.
He/she saw something that MIGHT be useful to you.
But, if they are working together, you never KNOW what he might say.
You need an investigator to see what the cop would have to say.
You need his/her report, if any on this arrest.

In your cross of the officer get him to say that you did all (or at least some) of the following CORRECTLY!
* brought your car to a stop and put it in park properly
* set your brake (if you did)
* responded correctly to all questions
* executed field sobriety tests properly
* opened (rolled it down) your car window (if you did that before getting out of car)
* produced your license and other documents without fumbling
* understood and responded to the officer's requests properly
* undid your seat belt without fumbling
* got your wallet out, when asked to get license
* put your wallet away, without dropping it and other things
* opened your car door and exited when asked by officer properly
* exited vehicle without falling or stumbling
* closed car door
* You didn't appear unsteady on your feet
* No problem walking to where officer directed you
* Did not fall down or trip
* Never slurred your answers

In your opening and closing statements, make sure to point out the unavailability of the "COBAN" video.
Try to find out how often this happens, when the video MIGHT help the defendant.
Try to find out if it ever happens, when it tends to incriminate the defendant.

Find out what video camera those police cars use.
Then, research everything you can about the particular device.
Find out from the manufacturer, how often they fail.
Then subpoena the company representative.
There might be one working in the area.
There might be one qualified and working for the police agency.
Somehow, get that person on your witness list.
If, that testimony makes the MISSING video look suspicious!

 
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Exactly what I was thinking on that COBAN video…

As far as the second cop is concerned I think I'll assume the enemy is not on my side and would work with the first. These guys can and obviously will, say anything they want. It's funny, in the OBSERVATIONS field of the report (I did get the police report BTW) he checks me as having "normal dexterity" which is the highest rating. However on the next page under "walk and turn" he's checked - unable to maintain balance –missed heel to toe – stops while walking – steps off line – turns improperly/loses balance – ALL LIES (the latter accusations that is). Also he's got some bad HGN markings, and then on page 2 of that same report, he marks my eyes being brown when they're blue, ha! He also stated that I gave consent to a field sample of my breath which I did not, nor was I asked.

Maybe I can get the second officer's tape in hopes that something doesn't "malfunction with the DVD" during it's playback…what a joke

Thanks very much Army Judge
 
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