Because video evidence is important, every police car has cameras. However, North Carolina does not have a mandatory DUI video law. As a result, police really don’t have to record or save anything. So why do we have cameras in cars if we don’t have to use them?
So why are mandatory DUI video laws important?
While video is everywhere, it is more important during a criminal investigation. Because the State has the burden of proof, they must bring the evidence to convict. And if they don’t, they cannot prove their case. As a result, we argue any mistakes or lack of video is on the police. After all, the State has all the power, money, and resources. In addition, they make the laws that we have to abide by. So shouldn’t they also?
Rather surprisingly, there is only one State that actually has a mandatory DUI video law. And that State is South Carolina. For example, there the police have to record all field sobriety tests, the arrest, and reading of Miranda warnings. In addition, any video issues can keep out certain evidence or even dismissal of charges in some cases. While groups like MADD don’t like these laws, what could be more fair to everyone than the transparency of video? So smile for the camera and let’s see if the State can prove you guilty or not.
Video everywhere but not where you expect it
Whereas police might have an excuse on a traffic stop, no video at a checkpoint is hard to understand. After all, they are there to catch drunk or impaired drivers. Furthermore, they know there will be field sobriety testing and questions. So how do the police explain no video here to juries? Because there are no mandatory DUI video laws in North Carolina, they don’t have to say anything. But we do in your defense. And juries are finally starting to find against the State for not bringing video evidence to court. While the law may not require video yet, juries can and will once we explain why it is so important.