QUESTION
How can I file request for dismissal regarding traffic citation in which all audio/video requested was destroyed?
Asked on Nov 08th, 2012 on Criminal Law - Florida
More details to this question:
After being asked why I wanted the audio and video of the alleged traffic violation, I gave detailed information of the officer in the case, changing his reasons for pulling me over and the actual alleged speed for pulling me over. After catching the officer in a flat-out lie, I requested the video be played liked it was for every other case that morning. The assistant attorney stated the tape was destroyed, when in fact it had not been. The judge wanted to give continuance so they could retrieve tape but assistant attorney told judge to find me guilty anyway, because I can always appeal. The judge without any evidence being presented, stated with the evidence presented he has to find me guilty. I filed the appeal, put it another request for all open records request regarding ticket number, police officers name and wrote on the check specifically. This was for the appeal of the alleged speeding violation. I received a call from s sergeant stating he had just destroyed the audio and videotape because 90 days had just passed and after 90 days they destroy the audio and videotape on disk.
4 ANSWERS
John J. Carney
You should have retained an attorney to handle the trial. He would have subpoenaed the video and made sure it was not destroyed. The police lie about a lot of things and then cover for each other. They only get caught when audio or video is available. You will need a lawyer for an appeal.
Answered on Nov 20th, 2012 at 3:32 AM
Michael J. Breczinski
Why don't you get an attorney?? They would have requested this before any hearing and then if it was not provided they would have had to dismiss it.? Also you can ask on appeal for a dismissal for police misconduct in destroying the evidence before the case was finished.? You can represent yourself but you can also take out your own appendix with a Swiss army knife and no pain killer both operations are equally fool proof and painless.
Answered on Nov 13th, 2012 at 8:45 AM
Tell the court that due to their destruction of evidence, they have violated your constitutional right to due process of law in that they destroyed evidence that was exculpatory and would have shown your innocence. Also, due to their destruction of evidence, you cannot properly defend yourself.
Answered on Nov 13th, 2012 at 2:44 AM
Criminal Defense Attorney serving Deltona, FL
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R. Jason de Groot, P.A.
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You actually need to hire counsel in a case like this, as in a vast majority of cases. Without counsel, you do not know the evidence code or how to appeal and what is appealable, or what actually took place at the trial.
Answered on Nov 12th, 2012 at 10:32 PM