Dui - the video evidence

[witzeroni]

Here's my question and I know ethically I should not do this. My question is can I be charged with the crime of "tampering with evidence" if I do the following? I got arrested for dui. I got the dvd video from the police department. The prosecutor wants to view a copy of this (he wants me to make a copy so I still have the original copy in case it is lost). I think the prosecutor is dumb for wanting to view my copy. If I make a copy of the video, and edit the sound to make it sound like a heavy wind in the background, thus making the audio evidence less solid, and give the prosecutor a copy of this, can I be charged with tampering of evidence, even though he is viewing MY copy?? Even if I write on the dvd that it is my property and for viewing purposes only and not to be made copies of can I still be charged? It seems like people don't know how to do this as there are a lot of tricks involved, and wouldn't they need to know how I did it to prove it was done in the first place?
state is illinois

[CdwJava]

And when he views the REAL copy? What then? When the officer tells him that there is no wind on the tape?

He is not going to rely on YOUR copy in court.

Are you really willing to turn a misdemeanor DUI into a potentially felony? Fines for prison?

How lucky do you feel?

- Carl

[outonbail]

I don't know why the prosecutor would be asking you for a copy in the first place, don't the police have the original?

[witzeroni]

Good question about why the prosecutor wants to see my copy - I guess because the police officer has his and only brings that when we have to meet in court. I know that they won't rely on my copy in court, but perhaps it may not have to go there if I plea to reckless.
Here's my background. I live in Crook (Cook) county Illinois. I have 1 prior DUI (12 years ago) in the state of Ohio while I lived in Cook County. I fought that and lost (got a conviction - no supervision). I then stopped drinking for almost 8 years. I now have 4 kids - I have a good job (I always have) and if I get convicted now I will lose my license for a MINIMUM of 5 years and the fees are outrageous (I only work, my wife doesn't) so we pretty much live paycheck to paycheck. What really angers me is how unfair the system is (cops, firemen will only get pinched if there is a fatality involved) - but that is another story.
The Temptation is incredible - I really wish the prosecutor would look at the cops dvd - then I wouldn't be going thru this. I try to live a good, Christian life, but have made some mistakes when it comes to drinking. While I know what I may do is unethical, I also believe the fines the state imposes is unethical. I made a bad mistake, but nobody was hurt.
I just want an answer from somebody who knows the law when it comes with the charge of tampering with evidence, which is a felony. Can it apply to me here even if they are stupid enough to look at my dvd, and can they even try to keep my own dvd as evidence if they have suspisions that it was modified or wouldn't they need to jump thru a bunch of hoops just to do that???

[Zigner]

Originally Posted by witzeroni

Good question about why the prosecutor wants to see my copy - I guess because the police officer has his and only brings that when we have to meet in court. I know that they won't rely on my copy in court, but perhaps it may not have to go there if I plea to reckless.
Here's my background. I live in Crook (Cook) county Illinois. I have 1 prior DUI (12 years ago) in the state of Ohio while I lived in Cook County. I fought that and lost (got a conviction - no supervision). I then stopped drinking for almost 8 years. I now have 4 kids - I have a good job (I always have) and if I get convicted now I will lose my license for a MINIMUM of 5 years and the fees are outrageous (I only work, my wife doesn't) so we pretty much live paycheck to paycheck. What really angers me is how unfair the system is (cops, firemen will only get pinched if there is a fatality involved) - but that is another story.
The Temptation is incredible - I really wish the prosecutor would look at the cops dvd - then I wouldn't be going thru this. I try to live a good, Christian life, but have made some mistakes when it comes to drinking. While I know what I may do is unethical, I also believe the fines the state imposes is unethical. I made a bad mistake, but nobody was hurt.
I just want an answer from somebody who knows the law when it comes with the charge of tampering with evidence, which is a felony. Can it apply to me here even if they are stupid enough to look at my dvd, and can they even try to keep my own dvd as evidence if they have suspisions that it was modified or wouldn't they need to jump thru a bunch of hoops just to do that???

Your idiotic plan will help PROVE that you are willing to break the law in order to get what YOU want.
Run this hairbrained scheme by your lawyer...

[witzeroni]

My lawyer would almost definitely tell me not to do it. I just want to know if they can charge me with "tampering with evidence" ON MY OWN DVD THAT THEY SHOULDN'T LOOK AT IN THE FIRST PLACE!!

[Zigner]

Originally Posted by witzeroni

My lawyer would almost definitely tell me not to do it. I just want to know if they can charge me with "tampering with evidence" ON MY OWN DVD THAT THEY SHOULDN'T LOOK AT IN THE FIRST PLACE!!

http://forum.freeadvice.com/showpost.php?p=1903872&postcount=5

[CdwJava]

If you present it as a true and factual copy of the dvd you received, you can be charged with a crime. If you present it as your own edited version, no harm no foul.

And what you propose is not "unethical", it is unlawful.

- Carl

[tranquility]

I don't believe it is "tampering with the evidence", but "obstruction of justice." This is not evidence. However, you are trying to mislead the DA.

[pandorasaidoops]

Why are you even asking? The D.A. is not going to rely on your copy, and since you don't even know why they are asking to see it, you should not be taking the risk of altering it.

[witzeroni]

I am asking is obviously when my lawyer brings in MY COPY to have the prosecutor look at it, and they see the audio is poor, they may see they have a weaker case and plea this to reckless. Obstruction of justice, huh. For the other replies, I don't need to say anything - I could write on the DVD case that the dvd is mine only and for viewing purposes (so if they do find out it was alterred, which I doubt) I can say that it was my own copy. My lawyer asked me to make a copy of the video for him to bring in to the prosecutor. Perhaps he doesn't know how to rip/burn a copy. The process is definitely not easy to edit the audio and I doubt if the average layman could do it unless he is willing to spend A LOT of time on it (you need a lot of different software packages to convert all the various files). Also, people are pretty clueless when it comes to this stuff. I would be willing to bet that the prosecutor may even think that the audio can diminish or become staticcy thru scratches or just by making copies. It would take them too much trouble to be able to figure out how it was done.

[Zigner]

You know - you DESERVE to go to jail

[witzeroni]

The only crime was a dui. I'm trying to see if what I am thinking about doing is breaking the law or not. Nobody seems to be able to tell me what law I am breaking although one who said "obstruction of justice" may be correct. Here's another thing - I was told that it is crucial for my lawyer to try to view the video with the prosecutor - this increases the chance of getting it plea bargained. Now even if he doesn't, I wouldn't think that the prosecutor could make a copy of MY DVD or hold on to it if we want it back to use it as evidence against me, since it is MY OWN COPY.

[Zigner]

Originally Posted by witzeroni

The only crime was a dui. I'm trying to see if what I am thinking about doing is breaking the law or not. Nobody seems to be able to tell me what law I am breaking although one who said "obstruction of justice" may be correct. Here's another thing - I was told that it is crucial for my lawyer to try to view the video with the prosecutor - this increases the chance of getting it plea bargained. Now even if he doesn't, I wouldn't think that the prosecutor could make a copy of MY DVD or hold on to it if we want it back to use it as evidence against me, since it is MY OWN COPY.

http://forum.freeadvice.com/showpost.php?p=1903872&postcount=5

and


http://forum.freeadvice.com/showpost.php?p=1903872&postcount=12

[CdwJava]

Originally Posted by witzeroni

The only crime was a dui. I'm trying to see if what I am thinking about doing is breaking the law or not. Nobody seems to be able to tell me what law I am breaking although one who said "obstruction of justice" may be correct. Here's another thing - I was told that it is crucial for my lawyer to try to view the video with the prosecutor - this increases the chance of getting it plea bargained. Now even if he doesn't, I wouldn't think that the prosecutor could make a copy of MY DVD or hold on to it if we want it back to use it as evidence against me, since it is MY OWN COPY.

If your lawyer has viewed your copy in its original form, then HE (or she) will not likely allow this deception to go without comment.

Since we are not familiar with your state's laws, it is hard to say WHICH law you might break. However, it is safe to say that depending on the specific circumstances of the presentation, you could be guilty of a crime.

The DA is a fool if he intends to rely on YOUR copy of the video - especially since the agency almost certainly has provided him with a copy. It may be that he is trying to confirm that you have the full video and not a portion of it ... now, if you go in with an edited copy, the DA may ask a few questions.

Feel free to do this if you wish ... but you really need to discuss this with your attorney before you convert a DUI to something that will land you in the gray bar hotel.

- Carl