San Francisco DUI Lawyer: Destroyed or Lost Video Tape

 Posted on December 19, 2011 in DUI

Destroyed Or Lost Video Tape

People of Illinois v. Aronson , - N.E.2d - -, 2011 WL 941306 (Ill.App. 2 Dist.)

A video tape was made on the very issue disputed by the parties (i.e., whether reasonable grounds existed for the officer to believe defendant was driving while intoxicated). Although the officer’s testimony was deemed credible and no finding was made of intentional or willful destruction of the tape, the trial court’s decision to rescind his license suspension was affirmed on the basis that the lost tape, coupled with the defendant’s testimony, outweighed the evidence in the State’s favor.