Videos for DUI in DC

Videos for DUI in DC

When people are arrested for DUI in the District of Columbia the police officers have not been required to video tape the interaction between the police and the citizen.   However, there still may be video recordings of the incident.  This is because we live in an age where almost everything is recorded.  There are street cameras on the street and cameras at the police station that may help in the defense of DUI in the District of Columbia.   In the past, it was essentially the officer’s word against the defendant’s word whether he/she was intoxicated.  It should be noted that in some jurisdictions like Maryland, the officers may have camera in the car.  In the District of Columbia it is rare for there to be cameras inside the automobile.

The government is required to preserve videos for DUI in the District of Columbia

Recently the Court in in Koonce v. District of Columbia  held that the government is required to preserve the evidence pursuant to DC Criminal Rule 16 (a)(1)(C).  Accordingly the Court stated “government has a general duty to preserve discoverable evidence under [Superior Court Criminal Rule] 16 (a)(1)(C) and long-established case law.” Furthermore, according to Metropolitan Police Department General Order 601.2 it is the policy of the Metropolitan Police Department to preserve all material, which may constitute evidence, or may otherwise be pertinent in a subsequent criminal judicial proceeding.

Failure to preserve videos for DUI in the District of Columbia

If the government fails to preserve the video evidence it does not mean your case will be dismissed unless bad faith can be proved; however, the court may impose sanctions on the government for failure to preserve the evidence.  The government can no longer say “we dont know if there is video evidence”   It is the duty of criminal lawyer in the District of Columbia to make sure it is provided before the case proceeds to trial.