My Lawyer Requested my DUI videotape prior to it being destroyed by the Police does he have to prove "bad faith"?

Asked over 2 years ago - Winston-salem, NC

This offense occured in North Carolina. Shortly, after my arrest I hired a well known DUI lawyer to handle my case. He made a Request to preserve and produce my DUI videotape which in open court the officer says contain my FST. Quoted saying "the camera was turned to show the FSTs". The court liason officer confirmed the tape existed but was mark under the wrong car and was purged by policy even though he recieved a request to preserve. My lawyer won a dissmal based on Brady controling I'm assuming and that the material was exculpatory and discourt reject the state claim that youngblood controlled. Now the State is Appeal my case and I wanted some thoughts from you all and see what your opinions are. I definitly think the District court judge made the right decision.

Attorney answers (1)

  1. F. "Bill" William Powers

    Pro

    Contributor Level 17

    Answered . Sounds like you have a good lawyer.

    You may wish to check out a previously posted Legal Guide on AVVO.com, see:

    http://www.avvo.com/legal-guides/ugc/destructio...

    I think the best advice I could give would be to continue to consult with your lawyer. Clearly, they know what they're doing.

    NOTE: Although a response is provided to the specific question, there may be other facts and law relevant to the issue. The questioner should not base any decision on the answer and is specifically advised no client-lawyer relationship has been established. Put simply, seek the advice of competent counsel without delay to discuss the particular aspects of the case, factual scenario and historical background.

    NOTE: Although a response is provided to the specific question, there may be other facts and law relevant to the... more

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