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What do other offices do when you have a case where the PD has lost the video and there is no breath or blood? Would it change if the officer says that Defendant admitted to drinking before driving? | ||
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We prosecuted and convicted people before the days of in-car videos and breath/blood tests. If the officer can testify to the defendant's behavior well enough to satisfy your jury, then I would say go for it. Depending on how strong the officer's testimony is (and how my juries have been in the past as far as demanding video evidence), I might be more inclined to work out a plea. But I wouldn't toss it out. | |||
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Half the time, the videos don't help because the guy doesn't look as bad on the video as the jury expects--no falling down, etc. Not having a video has never been a deal breaker for me--but hopefully your officer can explain why there is no video so the defense is not able to convince them the video would exonerate the defendant. I worry more about the offier's ability to explain the SFST's, and the HGN especially. | |||
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