TDCAA Community
Proving Class C DWLI convictions for enhancement

This topic can be found at:
https://tdcaa.infopop.net/eve/forums/a/tpc/f/157098965/m/2061085171

July 16, 2008, 08:57
J Ansolabehere
Proving Class C DWLI convictions for enhancement
A DL sergeant has called for help with a problem. Apparently, the CDA in her county has told a local PD (the PD called her for help)that the CDA's office can't charge a driver with Class B DWLI unless the CCH shows the prior Class C conviction. Unfortunately, Class C DWLI convictions show up on the driver's DL history, but apparently not on the CCH unless as a "traffic conviction" without identifying the offense (this is from my sergeant). She wants to know what to say to this CDA to convince the CDA that a certified DL history is sufficient to prove the prior in court?

Help,

Janette A
July 16, 2008, 09:02
Ken Sparks
I think you need the certified DL with photo to prove identity of the defendant and the judgment to prove the prior conviction.
July 16, 2008, 14:35
G Dudley
I agree with Ken, but don't think you need the photo...A recent case does a nice job of explaining how to prove the existence of prior convictions and identity of the individual convicted, particularly by using TDL records...

91. Nall v. State,
Not Reported in S.W.3d, 2007 WL 2481171, Tex.App.-Hous. (14 Dist.), September 04, 2007 (NO. 14-06-00345-CR)