In North Carolina, dash cams are legal, but their use is subject to certain considerations, especially concerning audio recording and privacy.
Legality and Placement
- It is legal to have a dash cam in your vehicle in North Carolina.
- There are no specific state laws regulating their placement or usage.
- It is important to mount the dash cam in a safe place that doesn’t obstruct your view of the road. Safety experts recommend installing dash cams on the dashboard or behind the rearview mirror.
Audio Recording and Consent
- North Carolina is a “one-party consent” state regarding audio recording. This means that as long as one person who is part of the conversation is aware that it’s being recorded, you don’t need the other party’s consent.
- If the dash cam records audio inside the vehicle, the driver (as one of the parties to any conversation happening inside the car) can consent to this recording.
- If the camera records a conversation between two other people, it may not be admissible.
Admissibility as Evidence
- Dash cam footage can be a powerful tool in demonstrating what happened before, during, and immediately after an accident.
- North Carolina courts treat dash cam footage as demonstrative evidence that illustrates or clarifies the events.
- To be admitted as evidence, dash cam footage must meet the requirements of relevance, authenticity, and reliability.
- Courts are more likely to accept footage if it’s clear it hasn’t been modified.
- If the footage unfairly biases the jury against one party, even if factual, it can be excluded or treated cautiously.
Best Practices
- Preserve the original, unaltered footage after an accident and avoid editing or tampering with it.
- Familiarize yourself with any specific laws about mounting and privacy.
- Ensure your dash cam doesn’t interfere with visibility.
Law Enforcement Recordings
- North Carolina has legislation governing the disclosure and release of dash cam recordings made by law enforcement agencies and their personnel.
Sources:
- https://www.newsbreak.com/nc-splash-1794016/3272725714825
- https://justicecounts.com/auto-accidents/can-dash-cam-evidence-be-used-in-accident-cases-in-north-carolina/
- https://www.augerlaw.com/faq/north-carolina-law/car-accident-faq/should-i-have-a-dashcam-in-my-car/
- https://www.greenvillecriminaldefenselaw.com/rules-for-disclosure-of-body-cam-and-dash-cam-recordings-in-n-c/
