Addmissible??--"Certified Abstract Record"--DPS Driving Record

May 31, 2015, 10:55

Helwig76

Driver of a pickup truck and gooseneck pipe trailer fails to heed warning sign for "stop ahead", fails to lookout, failed to control speed, distracted by 8 minute cell phone call while using "blue tooth" dual air bud unit, causes fatal crash, killing transport truck passenger.

"Certified Abstract Record – Law Enforcement" has been obtained from DPS. Contains language on 2nd page, referencing TRE 902 and Sec. 521 Transportation Code, as compliance with "certification" and" self – authentication". It has numerous traffic violations although separated in time – scattered in time since 2004, including a 2012 speeding charge in New Mexico (cannot get a record since State of New Mexico has "direct pay" to Santa Fe and only evidence is recorded notation on referenced driving record). Also contains evidence of 2 crashes, both apparently caused by speeding to some degree. We have done all we can to try to get crash reports and certify copies of J. P./Municipal Court convictions with limited success. (Defendant admitted to some of these in recorded statement and in civil Case deposition which I have in my possession)

This original information, although not the "Certified Copy" was secured by the DPS trooper during his initial investigation. We got the above-referenced "Certified Copy".

Can I get this admitted through the "investigation" of the DPS lead investigating officer in that the "Certified Copy" format that I have. If not and/or, in the alternative, can I and how do I get this admitted during "Case in chief".

**I have given prior notice by filing if such as extraneous offense, Defense having notice for more than 30 days but may file another, confirming use in "case in chief".

Any comments, suggestions, recommendations and/or alternatively be appreciated.

In advance thank you.

Best to all.

Bill Helwig
Yoakum County Criminal Dist. Atty.
bhelwig@yoakumcounty.org