I just finished a case where the state trooper put the client in front of the CLIENT’S car for the SFSTS. Huh??? The client was tall enough that you could see some of the movement of the head and torso. Otherwise, you might as well have turned the camera off. The client wanted to take the plea to the lesser offense so a jury never got to see this scam. I think it operates the same as if they intentionally destroyed a properly recorded videotape, and intend to make that argument to a judge or jury when the next occasion arises. I don’t think juries are going to like any citizen being treated in such an unfair way by the police. If you have nothing to hide in how you perform your duties, then videotape what you are doing! I look forward to getting another shot at this state trooper.
Tough Times Call For Tough Representation