How Long Are Northville DUI Videos Available in a Drunk Driving Case?
In Northville DUI cases, retention time of videos varies, but the local police departments seem to do a good job preserving them, and getting them to me.
Some videos may be obtained months after the incident, while others may be recorded over the following day if the officer does not follow a procedure to save the video.
If it is not possible to obtain an order to produce the videos within the arresting police department’s 30-day recycling window, a letter requesting a copy of the video should be forwarded to the department. In the alternative, you can send a letter requesting that any video in their possession be preserved so that it can be obtained through either a court order or discovery.
The cost of discovery is the reasonable cost of duplication. To discourage defense counsel from requesting copies of the videos, many police departments charge an exorbitant rate for duplicating and providing tapes, CDs, or DVDs. This practice can be discouraged through the use of the subpoena power.
A subpoena duces tecum requiring the records clerk, police officer, or chief of police to appear in court at pretrial with the video for review may stem the tide of this unfair practice. Often a prosecutor has already received a copy of the video with the warrant request. The video can be easily duplicated by their office or by counsel in the court house, if a blank disc and a computer is available there.