Does anyone know of any case law that would allow me to introduce a defendant's certified driving record in a DWI trial. I tried to admit the reocrds under TRE 902, but the judge didn't buy it.

Insofar as the predicate for its authenticity, it is self-proving and the judge should let it in. Of course, the contents may be objectionable for other reasons, but that's another story.

Are you trying to put it in for punishment purposes (i.e. bad driver) or what? It's clearly admissable under 902(4) or 902(10) unless it's not admissable under 402?

I have read case law that states that the certified driving records are not sufficient to prove prior DWI's for the purposes of establishing felony jurisdiction for a DWI-3rd or more. Sorry but I don't have a cite for you right now, it's been awhile since I read those cases.


Steve L.

There is some language that might help you in these cases:

Stricklin v. State, 2001 WL 569281,( Tex.App.--Dallas,2001).

Lopez v. State, 2000 WL 1231515, (Tex.App.--El Paso, 2000)

Spaulding v. State, 896 S.W.2d 587, 588-89 (Tex.App.-Houston [1st Dist.] 1995, no pet.) (admissible under 803(8)).

Gibson v. State, 952 S.W.2d 569, 572 (Tex.App.-Fort Worth 1997, pet. ref'd).

Lopez v. State, 2000 WL 1231515 *10 n.47 (Tex.App.--El Paso Aug 31, 2000, no pet.) (not published) (admissible at punishment as prior criminal record)