If I go to trial for a DWI charge, what is the likelyhood of my winning if I have a video that shows me driving straight, using of turn signals and not speeding?

Get Legal Help Today

Compare Quotes From Top Companies and Save

secured lock Secured with SHA-256 Encryption

If I go to trial for a DWI charge, what is the likelyhood of my winning if I have a video that shows me driving straight, using of turn signals and not speeding?

Also, the police report said I stumbled in the car door and slurred my words but the video did not. It was because a concerned citizen called 911. However, I won my ALR because the cop said it was a normal traffic stop to a welfare stop.

Asked on February 18, 2014 under Criminal Law, Texas

Answers:

MD, Member, California Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

Evidence (video and eyewitness evidence) is rare in DWI cases to support the position of the defendant. Keep in mind that as a defendant, you do not have the burden of proof. In a criminal setting, the prosecution has the burden to prove beyond a reasonable doubt that you committed the crime. If you choose to show an affirmative defense that you were not under the influence (i.e., driving straight and using turn signals), you need to be aware that burden will then shift to you and you must testify.

Consider speaking with criminal defense counsel about the type of case you want to pursue (strategy) and go from there.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

secured lock Secured with SHA-256 Encryption