Answer:
A missing or deleted police video does not automatically require dismissal. The reasons for its loss matter, and even an accidental deletion may weaken the prosecution’s case or affect how a jury views the evidence.
Police video may be lost, accidentally deleted, or otherwise unavailable in an OVI case. That does not automatically mean the charge must be dismissed.
The circumstances matter. Deliberately destroying evidence that could help the defense raises different issues from a negligent mistake. An attorney can examine what happened and whether it supports a request for dismissal or other relief.
Even when dismissal is unavailable, the loss of footage can affect the strength of the government’s case. A jury may consider why evidence that could have clarified the encounter is no longer available.
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