I am trying a fleeing from police case. The fleeing case comes out of the same events as a DWI charge that we will not be proceeding on. My video contains passenger testimony about what was happening in the truck during the flight, as well as where the two had been drinking. The officer also moved directly into DWI FSTs during the video. I have done a little research and can't find anything totally bullseye on the passenger's testimony, other than it might be present sense impression, may not be hearsay, etc. My thought is that the admissions to drinking, the fake id found in the truck, and the marijuana pipe found all goes directly to the D's motive to run, and I've got to prove "purposeful" as an element. Thoughts on what I can and can't get in via the video? I have redacted a mention of an expired license charge over the radio, and a couple post custody, pre-miranda questions - but I need as much in as possible to get to a relatively weak fleeing case.

Any thoughts are much appreciated Thx.

Of course there are Crawford issues when trying to use the excited utterance exception. Present sense impression, maybe... you might also argue that some of these were statements against interest regarding the passenger.

thx!