Over 1,300 Dashboard Camera Videos Erased From Metro Police Database
An attempted software update by a third-party vendor went horribly wrong and has resulted in the Metropolitan Nashville Police Department losing over 1,300 dashboard camera videos that were taken from cameras mounted inside its police cruisers. While most of the lost footage would have depicted routine traffic stops, some footage of DUI stops was also lost, according to a Metro police spokesman. The loss of DUI footage will have a substantial impact on both the state and the defendant in cases affected by the lost video.
The dashboard camera footage of a DUI stop is often essential in determining whether or not the defendant in a DUI case should be convicted. Where such footage is lost, the surrounding circumstances will determine whether the state or the defendant is adversely affected. If the dashboard camera footage is the only real evidence the state possesses that the defendant was driving under the influence (for example, if the defendant did not blow a .08 or higher on a breathalyzer but the officer felt like the defendant was intoxicated based on his performance during field sobriety tests), then the state may elect not to proceed to trial at all with such little tangible evidence that the defendant was impaired. If, however, the camera footage was favorable to the defendant and showed the defendant performing extremely well on field sobriety tests, then the defendant may be put in a situation where it is the word of the defendant against the officer at trial, a situation from which defendants rarely emerge victorious.
Mishaps such as losing video footage are rare but can happen and at inconvenient times for defendants or in situations where they severely weaken a defendant’s case. Thus, it is essential for Tennesseans in such cases to be represented by a skilled criminal defense attorney who can work to protect the defendant’s rights when unanticipated mishaps arise that impact the defendant’s case and present the strongest argument possible for the innocence of the defendant using the evidence that remains available.
Source: http://www.wbir.com/news/watercooler/story.aspx?storyid=129756&catid=141