When the police or prosecutor loses evidence in a criminal case, what happens?

If you have been arrested in Jacksonville for DUI, there may or may not be a video. Because of budget cuts, JSO has been limiting the number of cameras in their patrol cars.

If there is a video and it is lost or destroyed, a Criminal Defense DUI Lawyer in Jacksonville can seek several remedies. The video could be exculpatory, meaning that it could point to a criminal defendant’s innocence. At trial, a jury cannot see that possibly exculpatory evidence because police or a prosecutor’s mistakes. This is a violation of a criminal defendant’s due process rights. It doesn’t matter whether the loss of the video was in good faith or bad faith.

The most harsh penalty for losing the tape is a dismissal of the DUI altogether. This remedy is very rare. The court could also stop the prosecutor from introducing verbal evidence of anything that was on the tape, such as field sobriety exercises. The jury could be instructed that the lost evidence is exculpatory.

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