Alcohol & Drugs: DUI, DWI Police tape destroyed. Needed for evidence... Is this ok?

[helpwithdui]

A couple of months ago I was arrested in Michigan for 2nd offense dui, after reading my police report my attorney did not think that the officer had just cause for pulling me over, he requested a copy of the tape from the police car. He received a letter from the police department that said that the tape was recycled. Is this something that is worth fighting? The tape could have helped a great deal

 

[tpajet]

Your lawyer should be able to answer this. I would think this could help your case. Remember, the police have the burden of proof, and with the tape gone, that's one less item of evidence they have.

Sounds to me like destruction of evidence, and definatly needs to be called into question. You lawyer also needs to go ahead an bring to question the probable cause.

 

[raskalnikov]

There are time limits. Your attorney may have waited too long to request the tape.

Where in Michigan? Some counties in Michigan will crucify you for DUI, others don't care so much.

Thing is, if this is your 2nd offense, and your first was within 7 years, your license will be REVOKED. Not suspended. . . but REVOKED. You'll then have to go before someone to get your license back, and they may reward it back, but you'll be forced to have a PBT ignition interlock device in your car to get it to go. Then you'll have to apply and have yet another hearing the following year.

And most likely, you'll only be able to drive to AA meetings and work.

So, if you can, fight as hard as possible to get it down to at least Reckless Driving. Impaired will still carry the penalties.

Oh yes, and you'll also have a $2000 bad driver penalty, payable in 2 $1000 increments. . .

 

[raskalnikov]

What was your alcohol level?

How did you do with the field sobriety tests, if you took them?

What was the reason the officer gave for pulling you over?

 

[jharris352]

Your lawyer is the one to be asking. I would think that the tape is exculpatory evidence that would need to be turned over if your lawyer did a discovery request (which he most certainly should have done). It could be very important. If the prosecution fails to turn over exculpatory evidence the entire charge could be dropped. Talk to your attorney. The other poster is probably right too that there is a time limit for asking for the tape.