Videotapes are generally discoverable. If the police officer who stopped you took videotape recordings on either analog or digital recording devices, a copy of this video is generally available for your defense. This is not true in all states, such as Georgia or Virginia, where the tape must only be made available at trial. Unless allowed to be withheld by statute, failure of the prosecution or the police to release these tapes to your attorney prior to (or within a fixed number of days prior to trial) trial usually means the withheld information cannot be used against you in your trial.
February 2, 2009
Georgia DUI Video Evidence
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