I have a, fairly decent, DWI case with old priors. Driver blew .15 and almost wrecked out when he pulled off the road during stop. Problem is I have the priors, but no fingerprints to prove up one and the same. Anybody have advice on how to tie this guy to the prior convicitions?

Can you match DOB, SSN, or other identifying information in his criminal history to his priors?

These are 1982 and 1983 convictions, I do have his date of birth on the records, but no other information.

Obtain certified jail packets from the arrest, which should contain book in photo, prints, arrest information, etc.

Check out Flowers v. S., 220 sw3d 319 (CCA 07). Linking def to priors can be done all sorts of fun and magical ways. BTW, Flowers is a DWI case.

JAS

Subpoena his mother.

Do they appear in his driving record from DPS? They can provide a full packet with a picture and DL# with his driving history.

You can also cross-reference the judgment's listing of the prosecutor with the State Bar website's current information on the attorney and use that to contact the attorney to see if he or she remembers and will come testify.

Yeah, I know, it's asking a lot to hope someone remembers a DWI case 25+ years later. But you never know; this may be that odd case where the prosecutor actually does remember for some reason.

And if the prosecutor doesn't remember, don't forget to ask who else might have been in the courtroom at the time, such as another prosecutor or court staff. I personally remember several colorful defendants who I didn't prosecute myself, but I nonetheless remember their trials and/or pleas and/or sentencing hearings because something funny or unusual happened. (I call these my "Cleofus Blaylock" moments.)

What was his sentence? Could you use a probation officer or jailer who could connect him to it?

Subpoena old job applications or his personnel file or his boss. Maybe he self-reported the convictions.

Your second issue doesn't appear to have been addressed yet - if your priors are from 1982 and 1983: Most counties were giving deferred on DWIs back then. Or have you already looked at the wording in your priors and you're good on that part?

If you can get the offense reports on those old cases, you can find those old officers. They can then testify to whatever identifiers they got from the Defendant at the time which should match the identifiers you have on your case. I've done this several times. Also, check his jail calls. I had a case where I didn't have enough to prove up the priors until the moron got on the jail phone and mentioned his two priors from Brownsville. Problem solved.