Not a public record
“Recordings are not public records,” says G.S. 132-1.4A(b).
Viewing it yourself
A person whose image or voice is in the recording, or that person’s lawyer, can send a written request to the head of the police agency. The request names the date and approximate time. The agency may show only the relevant portions, and you may not copy them (G.S. 132-1.4A(c)). If the agency says no, or does not respond within three business days, you can petition the superior court (G.S. 132-1.4A(e)).
Getting a copy
A copy is released only by court order, on a petition filed in superior court in the county where the video was made (G.S. 132-1.4A(f), (g)).
In your DWI case
The agency must give the video to the district attorney for discovery and for use in district court (G.S. 132-1.4A(h)). That is how a defense lawyer usually gets it. The stop, the field sobriety tests and the arrest are often on video.
Questions people ask us
Can I just call the police department for my video?
You can make a written request to the head of the agency to view the portions that show you. Viewing is not a copy. A copy requires a court order under G.S. 132-1.4A(g).
Does the video always help?
No. Video can show what a report leaves out, and it can also confirm what the report says. Either way, you should know what it shows before you decide anything about your case.