Can I get police dash camera footage from my 2 year old DWI arrest?

Asked about 1 year ago - Albany, NY

2 years ago i plead guilty to a DWI charge in which the officer lied about numerous things. I plead to the charge because I was told it is impossible to fight a violation of probation. I have recently learned that if the charges were dropped, the VOP would have been dismissed as well. I am very disturbed that my attorney told me this especially that the officer lied about numerous things and it says on the arrest report that there is video of the arrest. I am thinking of appealing the matter and possibly suing the lawyer. I have since called the attorneys firm with the matter and they more or less told me that the lawyer was completely in the wrong without admitting any fault. I have been told that with the evidence of the officer lying that the case would have been thrown out immediately.

Attorney answers (6)

  1. Matthew Charles Hug

    Contributor Level 6

    11

    Lawyers agree

    Answered . I am an appeals lawyer in Albany, New York -- you are going to have a difficult time getting this heard by an appellate court due to the fact that you likely waived your right to appeal at sentencing and failed to file a notice of appeal w/in 30 days of the judgment of conviction. HOWEVER, you may very well be able to secure relief in a CPL 440 motion - this is a post-conviction motion that is heard in the court of first instance -- here, whatever town court you were convicted in. This motion may well be meritorious and should be immediately explored.

  2. Michael J Palumbo

    Pro

    Contributor Level 19

    10

    Lawyers agree

    Answered . If it still exists

  3. Eric Edward Rothstein

    Contributor Level 20

    10

    Lawyers agree

    Answered . It is likely too late to appeal. You need to do a 440 motion based on ineffective assistance of counsel. You need to start by doing a foil request to the police and DA for the video. You have an uphill fight. I suggest you retain a criminal defense lawyer.

    I am a former federal and State prosecutor and have been doing criminal defense work for over 17 years. I was... more
  4. Clifford Alva Phillip Carlson

    Contributor Level 9

    10

    Lawyers agree

    Answered . Regarding the VOP and the dropping of the charges, I would not always agree with what you have been told. In Georgia, (read different than NY maybe), there is a different burden of proof for VOPs and traditional criminal trials. Many times the charges are dropped but the VOP goes forward.

  5. Anthony Michael Solis

    Pro

    Contributor Level 20

    8

    Lawyers agree

    Answered . You should first look for counsel to review all your post-conviction relief options.

    No legal advice is given here. My responses to questions on Avvo are never intended as legal advice and must NOT... more
  6. Christopher Irvin Simser

    Contributor Level 19

    7

    Lawyers agree

    Answered . It is highly unlikely the "Dash-Cam" video has been preserved. These are usually kept for a short period of time and then erased.

    As my colleagues suggest, your options at this point are limited. I do not know of any vehicle to allow you file an appeal at his date. You would have to file an application for leave to extend the time in which to appeal. I doubt the court would entertain it.

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