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Traffic court question. Please read details...
Anonymous6 views3 answers
I've been to court 5 times over the last 5 months. Discovery was asked for 4 months ago and the prosecution still has yet to provide it. Every time I go my public defender says they sill have not given it. I'm worried that the dash cam footage will be overwritten before the officer gives it to the prosecution. Is there anything I can do to get it? Or can anything be done if it's lost? Please help it's the one thing that will prove my innocence?
Matthew Oberlin WilliamsCriminal Defense AttorneyCleveland, OH ·
One thing that should have been done at the outset of the case was a motion to preserve evidence. This is a simple motion asking the court to issue a written order that the video evidence be preserved. You may also want to consider retaining an attorney who will be able to provide more pro-active and aggressive representation.
I agree with my colleague, but would add that not all law enforcement agencies have dashcam video. If the agency that stopped and cited you has dashcam video, it cannot be written over without legal repercussion. It's not like surveillance video at Target that is digitally overwritten after 30 days. They are required to keep it and it must be given in discovery once requested. Talk to your lawyer about the necessity for the video. If you are able to hire a lawyer, then you should hire a lawyer. If you don't already have one in mind, has a very good "find a lawyer" link on the site. Good luck.
A motion to preserve should have been filed in your case. In some cases/jurisdictions if evidence is destroyed, even without bad intent and a motion is filed, the case could be dismissed. There are a couple First District cases on this issue. Talk to a attorney that can make the appropriate filings.
