 |
 |
to fill out a simple form to connect to DUI Lawyers in your area.
|
|
|
|
|
State v. Dimick12/26/2001
203 (j) and (k) provide in relevant part:
(j) A videotape made of the alleged offense and subsequent processing may be erased or destroyed by the law enforcement agency no earlier than 90 days after the date the videotape was made. . . . (k) A copy of a videotape made of the alleged offense shall be provided to the defendant within ten days after the defendant requests the copy and pays a $15.00 fee . . . . While these provisions clearly provide a procedure by which the State will release a videotape made of the alleged offense to the defendant, and guidelines for when it is appropriate to discard that evidence, they neither require that a videotape be made nor provide sanctions if it is not.
The Vermont State Police Rules & Regulations, Operational Policies & Procedures § 5, Article 10 provide in pertinent part:
3.0 PROCEDURE
3.1 Members assigned to patrol vehicles equipped with MVR equipment shall ensure that all required pre-operational checks are performed in accordance with the manufacturer's recommendations.
3.2 Members using MVR equipment shall record the following situations whenever possible : . . . .(A) Major motor vehicle and criminal enforcement stops. . .
4.0 OPERATION
4.1 Responsibilities of Operators
(A) Members will be responsible for operation, care and maintenance of the assigned MVR equipment . . .
(B) Prior to each shift, members shall determine that MVR equipment is working satisfactorily. . .
(C) A shift supervisor will be notified . . . if any problems are discovered with operation of the MVR equipment. (emphasis added).
Again, nothing in these rules suggests that taping roadside stops or DUI sobriety tests are mandatory. To the contrary, the Rules indicate that taping should take place "whenever possible," and otherwise merely require that officers keep track of whether the MVR equipment is working, so that when it is not, their supervisors will be made aware of it and repairs will be made.
"The most appropriate means of prescribing rules to augment citizens' due process rights is through legislation." Gorton, 149 Vt. at 606, 548 A.2d at 422. Because the legislature has chosen not to require officers to tape all major roadside stops, this Court will not create such a requirement by "judicial fiat." See id.
Reversed.
Jeffrey L. Amestoy, Chief Justice
John A. Dooley, Associate Justice
James L. Morse, Associate Justice
Denise R. Johnson, Associate Justice
Marilyn S. Skoglund, Associate Justice
Page 1 2 Vermont DUI Attorneys
DUI Lawyers
|
| |
to fill out a simple form to connect to DUI Lawyers in your area.
|
|