His basis is because according to the Bi-Laws (not sure the exact verbiage he used) if a camera is installed in the vehicle, the officers have to make sure that it's functional and on during a stop such as a DWI. So when he sent in a request to receive the tape, they stated that there wasn't one. This led him to believe that they didn't follow their own protocol and we could use this in court, but later he found out that the car wasn't installed with a camera which means that his line of reasoning would not work.
I guess my main question is what can I do? The officers told me that night that if I took the test and was under the limit, I would be able to go back to my vehicle and not have any charges. The fact of the matter is that they were not able to get a technician over within the 2 hr limit, thus they stated that I refused to take the breathalyzer test, which if anyone reads the DR-15 form carries a heavier penalty that taking the test and blowing over .08.
I have already went through the Administrative Hearings and received my liscense, the judge believed my case and I had no problems, but now I'm not sure what to do. The officers wrote up a very incriminating police report, stating that I was slurring, stumbling, etc; all which could have been disproved by the tape, or brought doubt if the officers didn't follow protocol with having the tape on as directed in their procedure.
No my lawyer is telling me that it's going to strictly be my words versus the officers, and that the judge tends to lend on the side of the officer. The only thing I have going for me is that there is not a signature on the form by the Technician stating what my BAC level was or acknowledging the fact that I refused the test.
My lawyer lawyer stated last month when my case was continued for the 2nd time that I should consider taking a Probation Before Judgement, but to me this would be an epic failure because I am innocent and the officers committed an injustice that night and I feel that justice needs to be served.
What makes this situation even more interesting is that I am a government worker, and I am in process of getting my clearance and they are watching this situation very closely and I need this case to be dismissed, ortherwise I may be denied my clearance which would mean I would have to find new employment.
Last but not least, I was just wondering if there is anyway I could set up an appointment to speak to the judge on my own and at least explain to him what happened before my court date.