UPDATE: DPS Changes Dash Cam Video Policy in DWI Cases

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CHARLOTTE, NC — Dash camera proof of what happens in Highway Patrol drunk driving arrests is now available to defense attorneys in North Carolina. 

The change comes two days after WCCB Charlotte revealed one attorney’s four-month legal battle with the Department of Public Safety.

“It’s a sense of relief, you know?” said one DWI suspect. “It may be my leg to stand on when my day comes in court.”

We agreed to hide the Mecklenburg County man’s identity because his DWI case is still pending.

As we reported Monday, his is one of nearly 40 cases in which Defense Attorney Adam Seifer with SeiferFlatow law firm expected to have to battle DPS for evidence before trial.

“These videos simply keep the process honest,” said Seifer.”If they’re guilty, they’re guilty. It doesn’t mean they’re getting off on a technicality or anything like that. But, if they are not driving while impaired, and the video shows they look perfectly normal, then what more can you ask for?”

He says DPS wrote his law firm at least six objection letters saying the state doesn’t have to hand over video in misdemeanor cases.

“Why wouldn’t they give us the video?” said the accused man. “I just couldn’t comprehend it.”

After WCCB Charlotte phone calls asking for answers, DPS sent this letter to attorneys stating in part: “Highway Patrol will provide the video to the District Attorney’s office… who will make a copy available to defense counsel prior to trial.”

“I’d like to think the report helped shine a light on the situation and let them know: this isn’t going to go away,” said Seifer.

A DPS spokesperson blames the process of obtaining video. 

He says attorneys were previously getting dash cam footage directly from Highway Patrol when they should have received it from the DA’s Office.

“It looks like they’re doing right now,” said Seifer.

That still doesn’t explain why DPS argued with Seifer in a Rowan County court that he couldn’t have access to the video at all. DPS did tell WCCB Charlotte that troopers usually bring dash cam video with them to testify at court.

At that point, the defense could view the video, but the spokesperson says DPS just found out about the issues with getting video before hand 12 days ago.