Has anyone ever actually taken a DWLI to trial? Looks like the defense wants me to prove up my case on jury docket next week. Can I admit into evidence the copy of the driving record through the testimony of the arresting officer? Or must I subpoena Joyce Stevens (the manager of the DPS Driver Records in Austin)?

I tried one.

Trooper can testify to his stop and dispatch info that DL was under suspension. But unless things have changed since then, you'll need a DPS records person to get in the certified copy of defendant's DPS record.

There should be someone at your regional DPS Office that can do that. That person can then say what suspended for, when suspension started, when suspension ends, when notice of suspension was sent to defendant, and to what address it was sent. I did that trial in Amarillo, our regional office was just a few miles away.

What exception to the hearsay rule or what rule of evidence do I argue for the admissibility of the driving record? Rule 902 (4)?

I just did it as a business record with the standard predicate questions for such.

They did not fight me at all on getting it in, but would not stipulate to it. His issue was arguing that he did not get notice. We were able to show, and then confirm when he testified that his DL expired with that address on it. He left momma's house but that was still where his mail went to.

Be sure to voir dire on issue of presumed notice 5 days after mailed and that you don't need to prove actual receipt by defendant, just that DPS did mail it and did mail it to last address they had for defendant - as confirmed by his record.

I tried a few of these in my youth - at least then you could get a certified copy of the driving record from Austin which was admissible as a business record. If the defense attorney is asleep, the jury will get to see the WHOLE driving history....which they rarely forget when looking at punishment!!

Thanks for the help. I found someone at our local DPS office that should be qualified to prove up the certified copy of the driving record. Even though she's not so excited about testifing in court

It does not look like one, but in Fort Worth, we took the position that the certified copy of the driving record is a "domestic public document under seal" Rule 902(1). It is signed, and it has that star printed on the page. We are used to seals that involve the paper masher leaving a raised mark, but the law does not require anything like that.

Under that theory, you need the officer:
"Who are you? Who is that? Driving? Motor vehicle? Public place? Move to offer driving record, your honor," and you are pretty much done.

I tried one. The only thing like it in district court is Criminal Nonsupport. Tried one of those, too. But at least that has a defense.

Just put one of these in last month in a felony DWI trial to link up a judgment without fingerprints to my defendant. The case to cite to is Abbring v. State, 882 SW2d 914, a 1994 FW CA case in which they say it's admissible under 803(8) and 902(4). It's a great case for driving record admissibility.

Good luck!