Commonwealth v. Carey

As proof of its charge of driving while under the influence of intoxicating liquor, the Commonwealth, in addition to testimony of the arresting officer, offered a videotape recording made when the defendant was booked at the police station. The playback of the tape to a jury of six (we have viewed the tape) was powerful evidence that the defendant’s faculties were impaired by drink. Before trial the defense moved to suppress the videotape and during trial the defense moved to exclude certain portions of the videotape. The appeal centers on the denial of those motions.

“Videotapes are ‘on…