QUESTION
Is it fair that I am being charged with a OWI and don't have the audio evidence?
Asked on Mar 04th, 2013 on DUI/DWI - Michigan
More details to this question:
I was pulled over for OWI and the officers reason was that I hit someone (I knew I didn’t) and then when we got to police station he said I didn’t when I asked again but was close, also gave me speeding ticket but wouldn’t say how fast or never did, then I got my report and he noted he accidentally had his microphone off that records the whole incident? How is that fair? I don’t have any of the audio evidence I could have used?
6 ANSWERS
Michael J. Breczinski
It is something to be argued about at trial since the evidence may have helped you.
Answered on Mar 12th, 2013 at 11:54 AM
Criminal Defense Attorney serving Oakland, CA
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Kapsack & Bair, LLP
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Is it fair that the officer didn't record the interaction between the two of you? Probably not, the conversation as you relate it may be helpful, the fact that the Officer had recording equipment available and chose not to use it may be raised during either your trial or other confrontational hearing.
Answered on Mar 07th, 2013 at 7:29 PM
Bankruptcy Attorney serving Madison, WI
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Richard B. Jacobson & Associates, LLC
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An officer 'accidentally' not recording evidence looks very bad for him, but does not mean you automatically win the case. It is good material for bargaining with the prosecutor to get a lighter charge. You could also move to dismiss the case (after filing a demand for discovery) if they do not provide the evidence. You can argue to the judge that it looks suspiciously like the deliberate destruction of evidence, and therefore whatever the officer says is unreliable. Good Luck. p.s. You might want to hire a skilled OWI lawyer.
Answered on Mar 06th, 2013 at 8:41 PM
Automobile Attorney serving East Lansing, MI
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Nichols Law Firm PLLC
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You need qualified legal counsel.
Answered on Mar 06th, 2013 at 8:14 PM
You need to hire a DUI specialist my dear. By yourself you are a small fish lost in a big pond.
Answered on Mar 06th, 2013 at 8:09 PM
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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The issue is whether or not the authorities will have sufficient evidence to convict you of the OWI. You need an attorney. If they did not have evidence then they cannot use it against you but your attorney can argue that if it was available it would be exculpatory.
Answered on Mar 06th, 2013 at 7:30 PM