Lost footage doesn’t equal conviction reversal
The loss of in-car police footage of a traffic stop will not negate the conviction of a man on drunk driving charges.
The defendant, Chadrick N. Ralph, had maintained in a motion for new trial or acquittal on his DUI case, that he was placed at a disadvantage because police could not locate the in-car footage of his traffic stop and field sobriety test. Ralph contended the tape once existed and could have held evidence which may have helped him beat the allegations against him.
McMinnville police vehicles are outfitted with in-car cameras, automatically turned on when an officer activates his blue-lights to initiate a traffic stop. Officers are also wired with audio microphones which feed back to the video unit.
They both feed into a recording machine in the trunk of the cruiser and then the tape retrieved for evidence, especially in DUI cases. The cameras were purchased for special emphasis on DUI and convictions for the crime have risen since the cameras have been in operation.
The tape in question could not be located by police at the time of Ralph’s trial. What happened to the tape remains a mystery.
While saying police should have taken care to preserve the tape, Circuit Court Judge Bart Stanley pointed out the loss did not necessarily hurt Ralph as there was other evidence against him. Specifically, the officer testified Ralph was driving erratically and had a smell of alcohol about him. Stanley also pointed out the in-car camera would not have captured Ralph’s driving because the camera does not activate until the blue lights are turned on. For this reason, Stanley will let Ralph’s conviction stand.