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DWI Trial dash cam video - Texas

Canyon Lake, TX |

When in trial for DWI, how is the cruiser video presented into evidence? Does the cop watch it while on the stand then answer questions? Cross examination?

Is the video only played in the testifying cops presence?

How does this all work?

Attorney Answers 4

Posted

It depends on the judge. Typically the State puts the cop on the stand, does direct, shows the video in the courtroom while he's on the stand, finished direct, then defense crosses him. However, I have had judges that just admit it into evidence and allow the jury to watch it during deliberations. I make multiple objections to this, but I'm always overruled. It makes cross less effective because the jury hasn't seen the video yet and has no idea what I'm talking about. I believe it violates my client's right both to a public trial and to confront his accuser fully. I have had juries come back with verdicts in less time than it would have taken them to watch the entire video. It is a poor procedure that should always be objected to. Luckily, few courts do this.

Macy Jaggers's answer to a legal question on Avvo does not establish an attorney-client relationship. Ms. Jaggers offers everyone a free consultation to discuss their case. Feel free to call her office at 214-365-9800 to make an appointment (phones are answered 24 hours) or visit her website at www.macyjaggers.com for more information about her services and recent victories.

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5 comments

Asker

Posted

Thank you

Macy Michelle Jaggers

Macy Michelle Jaggers

Posted

Best of luck!

Asker

Posted

Trial is on Tuesday, There are all kinds of technicalities including jurisdiction/venue, many discrepencies in the officers report vs. video, total refusal case, question of reasonable suspicion. I am preparing a detailed analysis for him of everything I think he needs to know (I'm sure he's aware on most of these) based on me re-reviewing the video and police report today...is this a good idea?

Macy Michelle Jaggers

Macy Michelle Jaggers

Posted

Your attorney knows what he's doing. It's fine to give him some notes, but let him do his job. Don't distract him with your second guessing. I say this from experience.

Asker

Posted

That's what I needed to know...Thanks again. Your responses to mine, as well as others questions, have really helped me out. A As you can imagine, I'm a little freaked out knowing I'm going to trial on tuesday. My attorney says I have a very good case to take to trial, Comal County judges do things their own way...Check out Jamie bagalia's most recent case here dt 1/14/13...I have the same judge.

Posted

Most times the prosecutor will play the video in full, and then replay it stopping it at points and asking questions to the cop. Once the video is in evidence, anyone can play it when appropriate. (For example, your lawyer might play part of it to have you explain what is going on, stopping it at appropriate points.)

Your lawyer will know how to handle this and will likely have a copy before trial.

Cynthia Henley
713-222-1220

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Posted

The other two attorneys above have already provided good answers here. A Texas attorney with experience practicing in your local area should know how to best handle the video at trial. Best of luck! Take care.

Disclaimer: The information you obtain at Avvo is not, nor is it intended to be, legal advice. You should consult an attorney for advice regarding your individual situation. Under no circumstances do answers by this Texas attorney to questions on Avvo result in or create an attorney-client relationship.

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Posted

I hope that you aren't planning on trying this case yourself. Dash videos are almost always admissible, but there are numerous matters that may be contained within those videos that may be objectionable (hearsay, extraneous offense admissions, miranda violations, etc.) It would be impossible to explain the many nuances involved. Get yourself an attorney if you don't already have one. You have too much to lose on a DWI.

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