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For those who have tried a DWLI - B
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Matt Heermans
Member
posted
Seems like the previous offense would need to be proved up during the G/I phase, anyone have any insight into this? It seems like I would need to arraign the defendant and voir dire on the previous conviction as well.

Thoughts from those who have actually tried one?

Also, did you use any kind of predicate for the business records DWLI packet from DPS? Been on file with the Court.

thx
 
Posts: 71 | Location: Galveston, Texas, US | Registered: November 02, 2010Reply With QuoteReport This Post
GMcDonald
Member
posted Hide Post
The records from DPS are public records, not business records, so they are self authenticating under Rule 902(4) and admissible under 803(8).

No predicate is required.
 
Posts: 51 | Location: Dallas, TX USA | Registered: April 25, 2008Reply With QuoteReport This Post
Matt Heermans
Member
posted Hide Post
Great. Thanks for the heads up.
 
Posts: 71 | Location: Galveston, Texas, US | Registered: November 02, 2010Reply With QuoteReport This Post
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