DPS Withholding Dash Cam Video in DWI Cases

Courtney Francisco,

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CHARLOTTE, NC — The Department of Public Safety is withholding dash camera video in some cases, even if you’re the one charged with a crime.

Legal battles are piling up around the metro as attorneys fight to get footage in drunk driving cases.Β 
Attorneys say DPS started sealing the video evidence this year.
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“If they’re guilty, lets see the evidence,” said Defense Attorney Adam Seifer. “I’m not saying everyone’s going to have an out, because there’s video.”
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Seifer’s law firm, SeiferFlatow, is dealing with six DWI cases from Mecklenburg, Rowan, and Union counties in which Highway Patrol has refused to hand over video evidence.
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The move, he says, makes it impossible to defend his clients fairly.
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“You’re talking about somebody losing, potentially, their liberty. Even if not, having a criminal record. To say that there’s no right to see the evidence that’s against you, that’s preposterous,” said Seifer.
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Each time he subpoenas DPS for the video evidence, they send him objection letters that cite a law that says the state doesn’t have to turn over video evidence in misdemeanor cases.
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“There’s a clamor for police transparency,” said Seifer. “So, even if there is a statute, I don’t see why they wouldn’t want to produce it.”
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Seifer argues Constitutional Law Β allows a person to see evidence that could be incriminating.
Β In one Rowan County case, a district judge ordered DPS to turn over the video.
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Seifer says state attorneys appealed–attorneys taxpayers fund–spending time and money to withhold the video taxpayers at least partially fund.Β 
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“You have all this video, and you’re not turning it over to very people paying for it?” said Seifer.
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DPS has not yet returned calls or e-mails to answer questions about withholding the footage.
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Seifer says he will request videos in 30 more Highway Patrol DWI cases in Mecklenburg County: 30 cases DPS will have to argue if it wants to seal the video.
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Once these cases go through the appeal process, the Attorney General will represent DPS.
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A spokesperson tells WCCB Charlotte attorneys are aware of the cases but haven’t started working them yet.

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