The Missing Tape – Power of Motions

Evan Randall Traffic Defense, Uncategorized

Where there is a tape that “mysteriously” goes missing, a trained defense attorney can wreck havoc on the State’s case. Recently, this issue arose in a Scott’s Law violation (625 ILCS 5/11-907) that was brought against a driver in McHenry County.

Most police departments implement policies requiring video recordings to be made of each incident. The problem in our particular case was that the tape was never made available to the defense attorney. Despite multiple subpoenas, the video never surfaced. The police department ultimately deleted it.

The defense team began filing motions to have the evidence suppressed. When the issue was brought up prior to trial, the judge quickly took our clients side and granted our motion. Within minutes the court handed down a ruling that crippled the State Attorney’s case.

Ultimately, the judge granted our motion for a directed finding of NOT GUILTY. The foundation for this finding was laid out before the trial even began: when it was brought before the judge in the pretrial motion. The tone of the entire proceeding was set before the first witness was sworn in.

In traffic cases, many attorneys do not feel the need to file pretrial motions. For whatever reasons, they feel that a petty traffic ticket doesn’t deserve the same attention as a more serious crime. That is simply not the case.

A trained defense attorney utilizes all of the tools available, including pretrial motions.

A Dedicated Defense

If you or someone you care about is facing charges in McHenry County, then you need an attorney who will do what it takes to get the best result possible. Evan E. Randall will file whatever motions would be helpful and will present the case in the best light possible. Traffic ticket or felony indictment, every client deserves the best defense. Call (815) 880-4529 or send an email to [email protected] to speak with a dedicated defense attorney today.