If the police do not have videotape equipment either in the police department
booking room, or on the cruiser to videotape the stop, it can be helpful to
argue that video evidence may well have exonerated the defendant.
Some sample questions about the lack of police videotape evidence to use in
cross-examination:
Officer, your police department owns videotape equipment, doesn't it?
Your department often makes it a matter of routine procedure to obtain
videotape evidence of DUI suspects?
But you obtained no videotape evidence in this case, did you?
You didn't videotape my client while he was performing your roadside
agility exercises?
In fact, you didn't videotape him any time on the night of his arrest,
did you?
All we have is your subjective, and unverifiable version of events,
correct?
You would agree that the video camera has no motive, agenda or bias?
The video camera doesn't make thousands of dollars per year as a result
of its DUI arrests?
Had you obtained videotape evidence, that videotape would show my
client's balance, speed, complexion and demeanor, correct?
But this was a close case that that videotape evidence would have shown
that was innocent of these charges, correct?
