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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

  1. Best answer

    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.

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  2. 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

  3. 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.

  4. 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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