10 second Gap in Audio gets DUI dismissal for state senator
May 30th, 2008 by admin
SanDiegoDUI Made an interesting post today on www.sandiegoduihelp.com
The first few lines….
DUI defense lawyer news
May 31, 2008
The day after a magistrate threw out a DUI case against state Sen. Randy Scott, Dorchester County Sheriff Ray Nash called the ruling “outrageous” and defended the arrest video that led Magistrate Phillip Newsome to dismiss the case.
On Friday, Nash and 7th Circuit Deputy Solicitor Barry Barnette played the segment of video that Newsome said was missing a minute and 10 seconds of audio.
While the video played on a screen, Barnette pointed to icons that he said showed that the arresting officer’s microphone was on at all times. He also pointed out background noise during the segment, such as the deputy’s radio, that he said showed the microphone was working.
“There’s no glitch,” Barnette said. “There’s no gap. There is nothing but continuous feed from the microphone,” Barnette said, adding that the ruling could affect every DUI case in the state. “It’s a […]