Today, many police patrol vehicles are equipped with video cameras to capture events that occur as a result of a police stop or encounter.   These video cameras are especially important in the prosecution of drunk driving (DWI) cases. 

In a recent case, an appellate court rejected a defendant’s argument that the government’s destruction of the video tape of the arrest violated the defendant’s due process right which prohibits the government from destroying exculpatory evidence.  The case had some unusual twists.  Apparently, the defendant pled guilty to a Drunk Driving (DWI/DUI) offense, while the New Jersey Supreme Court was analyzing the reliability of the Alcotest in State v. Chun.  After the court’s decision in the Chun, the defendant engaged another attorney and sought to vacate the plea  arguing in essence that defendant had not been provided the video tape of the arrest and, that since the video tape had been destroyed, the case should be dismissed.  The application to vacate the plea was filed almost over twenty months after the date the plea was originally entered. 

In rendering its decision, the court concluded that the defendant had failed to establish that the video tape had any exculpatory value because defendant’s guilt was overwhelming.  The basis of the court’s decision hinged on the fact that the defendant previously pled guilty to DWI and gave a factual basis to justify the plea.  In addition, the Alcotest established her intoxication as a matter of law.  Finally,  the court observed that there was no indication of bad faith or official contrivance because the video tape had been deleted in the ordinary course of the government’s business.