In a recent decision, the Tennessee Supreme Court dismissed a DUI case because the state failed to preserve the video of the traffic stop.
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Most patrol cars have video and audio recording equipment to record traffic stops. Having a recording of the traffic stop can be crucial evidence in any subsequent criminal or civil investigations.
Frequently in DUI cases, the “stop” as it’s often called will shed the most light on how field sobriety tests were conducted, how the accused came across physically and vocally, and whether the police had probable cause to make an arrest.
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But what happens when the video recording has been lost?
In Tennessee, it could mean a dismissal of the charges. If the court determines that the lost video means that the accused has been denied a fair trial because of potentially exculpatory missing evidence (or evidence that shows he or she may not be guilty), the charge will be dismissed.
This is one more reason to make sure you thoroughly analyze each aspect of your DUI case. Each case is going to be different, but you just never know where you might find the grounds to challenge the arrest.
If you’ve been charged with DUI in West Tennessee, contact Memphis DUI lawyer Patrick Stegall at (901) 205-9894 or pstegall@stegall-law.com.
