Destruction of Evidence

In N.H. - Got a ticket for "crossing yellow line". Told the violation was videotaped. Didn't believe the ticket was warranted and aggressively attempted to review the video several times but was ultimately told the tape was "erased" within 20 days of the alleged violation, and before the trial. In court I argued the case should be dismissed because the police destroyed the only tangible evidence. Aren't there legal precedents concluding the destruction of evidence is a virtual slam-dunk basis for dismissal of such charges?

Sorry to tell you this but the video tape in not considered evidence for or against you. The video can only be used in cases where a felony is committed. In 1976 the U.S. Supreme court ruled in a California case that Los Angeles could not use cameras to video tape jaywalkers for the purpose of issuing jaywalking tickets. The justices said that video taping people without permission is allowable only in cases of felonies where the video may be the only evidence. In 1992 the South Carolina Supreme court threw out a driver's drunk driving conviction using the 1976 case as presidence. At the time of the citation, DUI was only a misdemeanor in South Carolina and the only evidence the that was presented in the man's trial was the video of him weaving and swerving through traffic. No breathylizer or blood test was done. In your case, the state could not use the video against you and in the same light, you cannot use it for your defense. The police report as written by the officer will be the states evidence against you, you will have to find another defense.