If you've been stopped for a traffic ticket or arrested for DWI in Charlotte, you may feel overwhelmed and unsure of your rights. You could assume that if a police officer issues a ticket or makes an arrest, you can do little to challenge the charges. However, if the police used dashcam or body cam footage during your traffic stop, the video evidence can be valuable in your traffic ticket case.
At Browning & Long, PLLC, our experienced Charlotte ticket lawyers understand the pivotal role video footage can play in the outcome of your case. We know how to obtain, analyze, and utilize dashcam and body cam evidence used in Mecklenburg County to protect your rights and fight for the best possible result in your traffic ticket case.
How Dashcams and Body Cams Work in Charlotte Traffic Stops
Dash and body cams are two types of video recording devices commonly used by law enforcement to document interactions with the public, including traffic stops and arrests. These devices have become increasingly prevalent in recent years, as they provide an objective record of events and can help promote accountability and transparency in policing.
Dashcams
Dashcams in Charlotte traffic ticket cases are video recording devices mounted on the dashboard or windshield of a police vehicle. They capture footage of the area in front of the vehicle, including the road, traffic, and any interactions during a traffic stop.
Dashcams record video and audio, providing a comprehensive account of a traffic stop in front of the police vehicle. The footage is stored on a memory card or uploaded to a secure server, which can be accessed later for review or as evidence in court proceedings.
Body Cams
Body cams are small video recording devices attached to a police officer's uniform or gear. They can capture footage documenting the officer's interactions during traffic stops or arrests.
Like dashcams, body cams record video and audio, providing a firsthand account of the officer's interactions with the individual they’ve stopped and their actions. The footage is securely stored and can be later reviewed or used as evidence in traffic tickets or DWI court hearings.
How Can You Obtain Dashcam and Body Cam Evidence in Your Charlotte Traffic Ticket Case?
In North Carolina, dashcams and body cam footage are not public records. Under N.C.G.S. § 132- 1.4A, a formal request must be filed with the law enforcement agency to obtain this evidence. The agency then has a limited time to respond and may only release the footage to specific authorized individuals, including the defendant and their attorney.
It's crucial to act quickly in requesting dashcam and body cam evidence, as many agencies only retain the footage for a short period before deleting it. Our traffic ticket lawyers can help ensure the necessary steps are taken to secure this valuable evidence promptly.
Dashcam and body cam footage can be powerful evidence in defending against traffic tickets and DWI charges in Charlotte. This video evidence provides an objective record of the events that transpired during a traffic stop or arrest, which can be invaluable in supporting your case. Here are some key ways our traffic ticket lawyers can use dashcam and body cam footage to defend you:
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Provide accurate evidence of the traffic stop. Dashcam and body cam footage can provide a clear and unbiased account of the events leading up to and during a traffic stop. This can help establish the facts of the case and provide context for the officer's actions and your behavior during the encounter.
- The officer lacked probable cause. If the video evidence shows that the officer did not have sufficient probable cause to initiate the traffic stop or make an arrest, our attorneys may argue for the dismissal of charges.
- Provide mitigating circumstances. Dashcam and body cam footage may reveal mitigating circumstances that explain your actions or cast doubt on the officer's interpretation of events. For example, the video might show that you were driving at the speed limit despite the officer's claim you were speeding or that your alleged signs of impairment were due to a medication you took rather than intoxication.
- Show the officer acted improperly. If the footage reveals that the officer acted improperly, used excessive force, or engaged in misconduct during the traffic stop or arrest, our lawyers can use this evidence to argue for the suppression of evidence or dismissal of charges. The video may also be used to challenge the officer's credibility and raise doubts about the reliability of their testimony.
- Establish a violation of your rights. Dashcam and body cam evidence can help establish if your constitutional rights were violated during the traffic stop or arrest. For instance, if the officer conducted an illegal search, failed to read your Miranda rights, or coerced a confession, the video footage may support a motion to suppress evidence obtained as a result of the violation.
- Evaluate field sobriety tests. In DWI cases, officers often conduct field sobriety tests to determine if a driver is impaired. These tests, such as the walk-and-turn or one-leg stand, must be administered correctly to be valid. Body cam footage can reveal if the officer provided proper instructions, demonstrated the tests accurately, or conducted them in an unsuitable location. If the video shows issues with the field sobriety tests, we may challenge their admissibility in court.
Let Our Dedicated Lawyers Protect Your Rights and Fight Your Traffic Ticket
If you're facing a traffic ticket or DWI charge in Charlotte, having an experienced attorney who understands the role of dashcam and body cam evidence in your defense is essential. At Browning & Long, PLLC, our knowledgeable traffic ticket lawyers are former prosecutors with a proven track record of successfully handling traffic cases throughout Mecklenburg County.
We can effectively obtain, analyze, and utilize police dashcam and body cam evidence to protect your rights and achieve the best possible outcome. Whether negotiating with prosecutors, challenging evidence in court, or advocating for dismissal, we have the skills and experience to provide the strong legal representation you need.
