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:
- the DWI stop;
- the DWI arrest;
- the conduct of the person stopped during any interaction with the officer, including during the administration of a field sobriety test; or
- 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.
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.