Criminal law — Driving under influence — Due process — State’s failure to preserve in-car video and audio recordings — Video recording from deputy who observed defendant’s driving pattern prior to stop is not material exculpatory evidence where video would not have played significant role in ultimate issue of defendant’s impairment, and passenger can provide corroborating evidence as to defendant’s claims regarding his driving pattern — Audio track of video recording made by stopping deputy also was not materially exculpatory evidence that would have played significant role in determining defendant’s innocence where there is full video recording of field sobriety exercises — Where lost recordings are not materially exculpatory evidence, and there is no claim of bad faith on part of deputies, denial of motion to dismiss is appropriate
Legal Topics
Criminal law — Driving under influence — Due process — State’s failure to preserve in-car video and audio recordings
Mar 09th, 2021 in News by admin