TO REQUIRE ALL BREATH TESTING SITES AND LAW ENFORCEMENT VEHICLES ENGAGED IN TRAFFIC ENFORCEMENT TO BE EQUIPPED WITH A VIDEO RECORDING DEVICE AND TO REQUIRE THE RECORDING OF ALL IMPAIRED DRIVING OFFENSES AT THE INCIDENT SITE AND THE BREATH TESTING SITE UNLESS SUCH RECORDING IS IMPOSSIBLE, AND TO REQUIRE A FEE BE ASSESSED TO A PERSON CONVICTED OF DRIVING WHILE IMPAIRED TO OFFSET THE COST OF OPERATING THE VIDEO RECORDING SYSTEMS.
Adds new section GS 20-138.1A to require that persons charged with impaired driving offenses must have their conduct at the incident and breath-testing sites video recorded in a video that meets specified criteria. Provides that the video, which must not be disposed of until a final judgment is rendered, is admissible in a criminal, administrative, or civil proceeding by any party to the action. Further provides that a failure to produce the video recording does not constitute grounds for dismissal of an impaired driving offense if the arresting officer submits a sworn affidavit explaining the failure.
Tasks the Department of Transportation with purchasing, maintaining, and supplying necessary video equipment and tasks the Department of Crime Control and Public Safety with monitoring the equipment to ensure proper maintenance. Provides that the recording requirement is effective for a particular law enforcement vehicle or breath-testing site when that vehicle or site is equipped with a video recording device. Amends GS 7A-304 to require the court to order convicted defendants to pay a cost of $300 in cases in which the arresting agency utilized a video recording system, unless the cost is waived or reduced by the court. Effective December 1, 2011, and applies to impaired driving offenses committed on or after that date.
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