Please be advised that The Rehoboth Beach Police Department does not have a video tape of your client walking into the building or of the twenty minute observation period. We have a surveillance camera that is used for security purposes monitored by our Dispatch Center. This device records for immediate playback only. There is no retention of these recordings.His system was built to hold up to 2.6 days of video when set to record 24/7, and about 4.6 days when set for motion only. However, in reality the system worked much longer, and the police often retrieved video when accused of assaulting arrestees or for other beneficial purposes. Thus, the chief knew that his statements were false or misleading. His misleading statements were repeated for years, as evidence was allowed to be erased and destroyed.
When the trial court here found out, it suppressed the breath test as a sanction based upon a discovery violation:
The Court finds that the Rehoboth Beach Police Department's discovery policies constitute entrenched, flagrant misconduct. Between 2006 and 2009, Chief Banks repeatedly distributed incorrect discovery responses to defense attorneys despite his knowledge that these responses were misleading and incorrect.Visit Americas Top DUI and DWI Attorneys at http://www.1800dialdui.com or call 1-800-DIAL-DUI to find a DUI OUI DWI Attorney Lawyer Now!