Bessinger v. Commonwealth

OPINION

CAPERTON, JUDGE:

Appellants Delbert Bessinger and Paul Carter appeal from the Warren Circuit Court’s reversal of the Warren District Court’s grant of Appellants’ motion to suppress the evidence due to the unavailability of the arresting officer’s in-car video tape. After a thorough review of the parties’ arguments, the record, and the applicable law, we affirm the circuit court.

The genesis of this appeal occurred on October 8, 2012, when Delbert Bessinger was arrested and charged with operating a motor vehicle under the influence and other traffic offenses when Bowling Green Police…