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NC S449
Bill
Status
3/26/2013
Primary Sponsor
Thomas Goolsby
Click for details
AI Summary
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Requires video recording of all impaired driving offense investigations at both the incident site (starting when officer's blue lights activate) and the breath-testing site, with exceptions for equipment failures or emergency circumstances.
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Incident site recordings must include field sobriety tests, the arrest, and Miranda rights advisement; breath-testing site recordings must capture the entire breath-test procedure including the 15-minute pretest waiting period and operator actions.
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Video recordings are admissible as evidence in criminal, administrative, or civil proceedings and must be retained until final judgment is rendered in any legal proceeding arising from the stop or arrest.
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Assigns the Department of Transportation responsibility for purchasing and maintaining video equipment at breath-testing sites and in law enforcement vehicles; assigns the Department of Public Safety responsibility for monitoring equipment maintenance and promulgating implementation rules.
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Imposes a $300 fee on persons convicted of impaired driving offenses where video recording systems were used during investigation, with discretionary court authority to waive or reduce the fee for just cause; effective December 1, 2013.
Legislative Description
Video of DWI Stops and Chemical Tests
Last Action
Ref To Com On Rules and Operations of the Senate
3/27/2013