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The use of videotaped evidence in criminal cases

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It goes without saying that a criminal lawyer should review all the disclosure or evidence in a case against his or her client.  This especially applies to videotaped evidence.  Often times, for instance, there will be videotaped evidence in a drinking and driving case.  Typically, this is created when the police arrest the accused person and take him back to the police station.  At the station, the cameras are rolling and the defence is entitled to a copy of what has been taped.  Where the accused person has been arrested for impaired driving, the arresting police officer will often testify about observations of the accused that he or she made, which indicate that the client was impaired.  The videotape will either confirm or contradict the officer’s testimony.  Where is contradicts, it could mean the difference between an acquittal or a conviction for the client.  Here is an example of such a case:  Read Culver’s case.

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