Can I use another persons booking room video, if they were arrested shortly after me?

Asked over 3 years ago - East Peoria, IL

Because East Peoria, Il erased crucial evidence (20 minutes) of my booking room video, deleted the sound, eraced the first contact with me, and will not release the breathalyzer video, saying they have none. I'm screwed. The breathalyzer video will totally exonerate me. The booking room video would show I repeadly asked for a blood test. The dash cam DOES show I asked for a Blood test 5 times which they show, they would take me to do that but didn't. The video I have, I'm totally vertical and NEVER slurred my speech, and NEVER stumbled. I grew up with the mother of the next person to be arrested, she is pleading out and I'm sure her videos are untuched. I am on those videos! Can I use them? Who wants my case?

Attorney answers (4)

  1. Scott Andrew Wineberg

    Contributor Level 14

    1

    Lawyer agrees

    Answered . If you can get the video you can use it. If you can't get it from that next person's attorney, then you/your attorney can subpoena the booking room video by expanding the time frame you want the video to cover to the time after yours ends.

  2. W. Scott Hanken

    Contributor Level 10

    Answered . Your attorney should be able to acquire the video referred to. The issue is not one of who's video is involved rather whether the video contains info RELEVANT to your case or containing exculpatory evidence.

  3. Keith G Langer

    Contributor Level 19

    Answered . The police are required by the rules of criminal procedure to provide you or your attorney, if any, with all evidence related to the case.

    However, based upon your assertions, it appears the police may have destroyed exculpatory evidence. This is called spoliation.

    I strongly suggest you retain counsel experienced in dealing with the police department particularly and OUI cases generally. Your state and local bar associations can assist you with referrals.

  4. Randy William Ferguson

    Contributor Level 19

    Answered . Your attorney can get the video if it will help your case.

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