The police has video of a vehicle that struck my mother and fled the scene and they are telling us that they don't have the software to enhance the the license plate number picture but are not giving us the video so we can send it to a company to enhance. Can the police do that?
Good morning, and thank you for the question. Police can hold onto evidence while they are investigating a crime. Here the crime is hit and run with injuries. For a number of reasons, including potential charges of tampering with evidence, the police and district attorney's cannot and will not allow evidence that could potentially, harm their case agaisnt the driver be held by a third party, even if that third party is injured. Once the police determine the driver and an arrest is made, usually, with a subpeoana they will then turn over the video. By that time though, you will have information on the person who caused the injuries and will be able to get compensation. Please note, that becasue it is a criminal investigation, your mother will be asked to help in the prosecution, and will also be able to ask for restitution from the driver. This is seperate from a civil action your mother also has against the driver.
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