Driving Under the Influence of Alcohol (DUI) – Motion for Sanctions Granted
Defendant was arrested by the Niles Police Department for driving under the influence of alcohol. As I do in all other cases, I subpoenaed the in- squad car and in-station video of the Niles Police Department. Subsequent to the records department of the Niles Police Department receiving my subpoena, they inadvertently destroyed the in-station video. I filed a motion for sanctions claiming that my client’s due process rights were violated for the destruction of such evidence. During my argument, I explained to the Judge that it would be unfair to allow any evidence coming in for anything that would have appeared on the video. The Judge agreed that my motion should be granted and did actually grant my motion for sanctions for the destruction of the video that I had earlier subpoenaed.