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?

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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 7 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.


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