Videos or surveillance
footage can confirm a crime and help trials go more swiftly. However, they can
also make the proceedings more complicated because of issues that could arise,
such as tampering with the video, concealment or destruction of the footage,
and admissibility of the evidence. When it comes to traffic crimes like DWI,
footage taken from CCTV systems along highways or roads and from police
dashboard cameras is usually considered key evidence.
Recently, the State of
North Carolina has approved funding for body cameras for law enforcers, which
means videos from these devices may also eventually be used in DWI proceedings.
Just like other evidence held by law enforcement agencies (like witness
statements and lab test results), body cam footage is not considered a part of
public records.
What Does This Mean for Defendants?
If you’re facing DWI
charges, body cam footage and the other evidences gathered by law enforcer/s
may actually work in your defense. You need to work with an experienced Raleigh
criminal lawyer who knows the ins and outs of DWI laws, so you can obtain these
pieces of evidence legitimately and appropriately, and find out if they can
help your case.
For instance, if the
video shows you received unjust treatment or misleading information from the
arresting officers, you and your lawyer can use that in your defense. Other
times, you can use the footage to prove mitigating circumstances and work out a
lesser penalty or sentence.
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