The Importance of Your DWI Video

Many people arrested for DWI are not aware they they have the right to request video footage of their arrest. Before September 1, 2015, DWI arrestees did not have that right. That changed with the 84th Texas Legislative Session when Charlie Geren (the representative for District 99 (Fort Worth)) introduced House Bill 3791 (HB3791) on March 13, 2015. The bill passed the Texas House on May 5, 2015, and passed the Texas Senate on May 27, 2015. Governor Abbott signed it into law on June 19, 2015. What you may not know is that Mimi was the criminal defense lawyer fighting for this law. In fact, Mimi worked hand-in-hand with Charlie Geren to introduce this law!

Will by DWI Lawyer go over the video with me?

There are a few advantages to requesting one’s own DWI video. However, most people would not know what to look for even if they had the video. Mimi has 25 years of DWI Defense experience. She knows many of the problems that appear on the video are sometimes conveniently left out of the officer’s reports. Mimi always conducts a full case evaluation with you to go over many of these potential problems.

The DWI Video provides a glimpse of the officer’s perspective of the event. Whether the officer had justification is a matter for Mimi to discuss with you. Mimi will also go over what the officer looks for during roadside examinations (e.g., the eye test). Mimi will go over what the officer may have seen when making his arrest decision. But, watching the video can help refresh your memory of the event or even correct a misunderstanding. For example, you may remember that the officer took blood and nothing else, while the video may show you refusing to a breath/blood test (which can have HUGE consequences on your ALR Hearing).

What does the law say about my DWI Video?

Article 2.1396 (formerly 2.139 before the 2017 legislative session) of the Texas Code of Criminal Procedure states:

A person stopped or arrested on suspicion of an offense under Section 49.04, 49.045, 49.07, or 49.08, Penal Code, is entitled to receive from a law enforcement agency employing the peace officer who made the stop or arrest a copy of any video made by or at the direction of the officer that contains footage of:

1. the DWI stop;
2. the DWI arrest;
3. the conduct of the person stopped during any interaction with the officer, including during the administration of a field sobriety test; or
4. a procedure in which a specimen of the person’s breath or blood is taken.

Basically, the statute says that you may request any video of everything from the stop to the blood draw (and anything happening after the draw if part of the same video).

More about Mimi Coffey

When people look for a Top DWI Attorney or Best DWI Attorney, they look for experience, certification, and respect in the legal community. Mimi Coffey is a nationally-renowned trial attorney, board-certified in DWI by the NCDD. She has been practicing for over 24 years and is an author of multiple DWI Defense textbooks. She is also a national and state-wide lecturer on the law.

The Coffey Firm handles a wide variety of cases, including Unlawful Carrying Weapon (UCW), Assault (including family violence), Theft, and Possession charges.

Mimi is also listed on several “top” directory listings such as DWI Lawyers for Wise County, DWI Lawyer Tarrant County, Dallas DWI Lawyer, DWI attorneys Collin County and DWI attorneys Parker County. Mimi is a caring DWI Lawyer in DFW, She is also involved in the Texas Tech School of Law foundation and enjoys using the skills she has developed to give back to the community.

Mimi’s Humanizing Approach for Handling Your Case

Have you ever tried to have an important conversation and felt like you were not heard? Whether with your employer, a parent-teacher conference, or to resolve an issue with a business manager, it all boils down to one guiding principle: being heard. The criminal lawyers at The Coffey Firm understand the importance of humanizing.

Abraham Lincoln said, “I have always found that mercy bears richer fruits than strict justice.”

To hear, one must understand who the person is. Prosecutors and Judges make important decisions about people’s lives every day. So, they need to be able to put an “arrest” in context. Not only against the “facts” as the police allege, but against the big picture. Law school teaches lawyers to analyze facts in a vacuum. They frame issues around case law and legal doctrines. Yet, these tools are meaningless without factoring in the person and all the human aspects.

Humanizing is about who, what, when, where and why against a backdrop of reality including factors such as:

1. Social Demographics.

What is this person’s background? (Not a judgment based on past criminal history or lack of criminal history.)

2. Family Dynamics.

Were they raised in a loving, supportive home? Have they struggled against unfair or challenging circumstances? Are they caring for elderly parents or a disabled person?

3. Accomplishments.

What are the achievements of this person? Awards, recognition, contributions.

4. Character.

What defines their character? What are their values/ Have they made any contributions? How do they take care of their family? Are they responsible with their family? Do they go above and beyond for others? How and why? Have they pulled themselves up by their own bootstraps despite overwhelming odds? Is this individual involved with any volunteer work (if applicable)?

5. Everyone Makes Mistakes.

What factors prove this legal situation is an aberration, a mistake that won’t be repeated? Have they already punished themselves enough because of this? What punishments (financial, humiliation, loss of job, etc.) have they already suffered?

6. Big picture factors.

How do they contribute to their community? Are they involved in the PTA, coaching little league, helping with school fundraisers, neighborhood associations, or volunteer organizations?

7. Life events.

Are there obstacles happening that help explain or put this legal situation into context? Are they going through a divorce, grieving the death of a loved one, have they lost a job? What environmental factors help explain a person’s actions that might not otherwise have occurred?

8. Occupation.

What are the pressures of the job? Is this person someone who is employing others? What is their level of responsibility? How do others in the community view their contributions to society?

9. Proactive Measures.

What actions are they open to taking to address the legal situation? Have they experienced these in the past? This can include substance abuse evaluations, psychological assessments (family violence, etc.), AA, NA, alcohol and drug classes, anger management, rehab, or otherwise. What worked in the past? What did not work?

10. Connections.

What connections does this person have? Do they have political connections: legislators, judges, prosecutors in their family? Are there any police officers in the family? How did/do these factors affect their behavior?

All these factors and more help prosecutors and judges understand what kind of person they need to consider when making their decisions. For example, facts related to a person’s case are always critically important (health, physical and mental limitations if any, etc.). But, to stop at the surface facts is to miss out on the most important aspect: the person. For example, many individuals are too busy with family or work obligations to involve themselves in volunteer work. Presenting this humanizing information to prosecutors and judges helps them to see those individuals as people who care deeply about family and supporting that family by working.

Founding Father Alexander Hamilton said, “There are critical moments, when a well-timed offer of pardon…… may restore the tranquility of the Commonwealth.” It can also restore a person back to their best self.

The Coffey Firm Understands the Importance of Humanizing

At the Coffey Firm, we ask that our clients fill out a Humanizing Sheet which covers the ten factors listed above and more. Mimi also likes to “touch base” with her clients (her “touch base” email) after they have retained asking them to describe themselves, their pressures, concerns and priorities so everyone at the firm can better help them. All clients have Mimi’s cell phone number and email. Communication is key. Hearing and understanding is very important to getting the best resolution to a case.

Mimi’s philosophy is that you must care about a person before you can be of service. Specifically, such caring must go beyond mere facts and law. This requires humanizing and it is the goal of everyone at her firm.

We also ask to describe yourself and write a biography of your life. The criminal lawyers at The Coffey Firm understand that talking about yourself can sometimes feel uncomfortable. Mimi starts every case evaluation with an intense “get to know you” stage so she can better service your legal needs by first understanding you. However, not all clients choose to fill out the Humanizing questionnaire or write biographies. But, you can rest assured that Mimi will be attempting to fill in these blanks throughout the representation. Mimi documents this information in her case evaluation to better help everyone at the Coffey Firm help you, for instance.

More about Mimi Coffey

When people look for a “top criminal lawyers near me” or “best criminal lawyer”, they look for experience, certification, and respect in the legal community. Mimi Coffey is a nationally-renowned trial attorney, board-certified in DWI by the NCDD. She has been practicing for over 24 years and is an author of multiple DWI Defense textbooks. She is also a national and state-wide lecturer on the law.

The Coffey Firm handles a wide variety of cases, including Unlawful Carrying Weapon (UCW), Assault (including family violence), Theft and Possession charges.

Mimi is also listed on several “top” directory listings such as DWI Lawyers for Wise County, DWI Lawyer Tarrant County, DWI Lawyer Dallas County, DWI Lawyer Collin County and DWI Lawyer Parker County. Mimi is a caring DWI Lawyer in DFW, She is also involved in the Texas Tech School of Law foundation and enjoys using the skills she has developed to give back to the community.