DWI video - can, should there be an obvious 1 minute break?

[govtdog]

What is the name of your state (only U.S. law)? Houston, Texas

DWI first offense. Arrested following a one car minor accident which occured in order to avoid getting cut off from another driver at an exit on an interstate.

Agreed to do all tests and breathalizer and blew a .14.

However, the video showed a screen of snow and then during the initial steps of the straight line test, there was a momentary blank blue screen which the defendant says she had a menstrual accident during which she dripped blood to the floor, stopped, and then actually cleaned up her drips before proceeding.

Can the entire video be excluded due to the police editing it?

 

[Zigner]

What is the name of your state (only U.S. law)? Houston, Texas

DWI first offense. Arrested following a one car minor accident which occured in order to avoid getting cut off from another driver at an exit on an interstate.

Agreed to do all tests and breathalizer and blew a .14.

However, the video showed a screen of snow and then during the initial steps of the straight line test, there was a momentary blank blue screen which the defendant says she had a menstrual accident during which she dripped blood to the floor, stopped, and then actually cleaned up her drips before proceeding.

Can the entire video be excluded due to the police editing it?

Why do you think the video is needed?

 

[Silverplum]

Isn't this related to your first thread? If so, please add to that and delete this. The volunteers prefer to have all the info in one thread.

https://forum.freeadvice.com/drunk-driving-dui-dwi-27/wife-got-texas-dwi-there-specific-form-alr-discovery-request-585107.html#post3109928

and

https://forum.freeadvice.com/drunk-driving-dui-dwi-27/can-i-non-lawyer-pro-se-my-wife-dwi-case-585140.html#post3110305

What is the name of your state (only U.S. law)? Houston, Texas

DWI first offense. Arrested following a one car minor accident which occured in order to avoid getting cut off from another driver at an exit on an interstate.

Agreed to do all tests and breathalizer and blew a .14.

However, the video showed a screen of snow and then during the initial steps of the straight line test, there was a momentary blank blue screen which the defendant says she had a menstrual accident during which she dripped blood to the floor, stopped, and then actually cleaned up her drips before proceeding.

Can the entire video be excluded due to the police editing it?

 

[govtdog]

Why do you think the video is needed?

It might not be? But it is part of the whole if we go to trial.

She was incredibly sober but obviously scared when they did the video tests... and to add to the fact she was, due to the stress, having a sudden menstual bleed down her legs at the time she was doing the walking and other tests... Non-sequitor... and there is more of course with regard to other factors involving her arrest....

 

[tranquility]

Keep all your related questions in the same thread.

 

[sandyclaus]

It might not be? But it is part of the whole if we go to trial.

She was incredibly sober but obviously scared when they did the video tests... and to add to the fact she was, due to the stress, having a sudden menstual bleed down her legs at the time she was doing the walking and other tests... Non-sequitor... and there is more of course with regard to other factors involving her arrest....

Having a severe and sudden menstrual bleed wouldn't have caused her to blow a .14 on her breathalyzer test - unless, of course, she was self-medicating to ease her symptoms.

And despite your protests, a .14 BAC would not be considered "incredibly sober" by anyone's standards (other than perhaps your own, which might be a little biased, considering you seem to be looking for any excuse to get her off).

That high BAC is probably going to outweigh just about any other evidence you might come up with to counter your wife's actions.

 

[Silverplum]

That high BAC is probably going to outweigh just about any other evidence you might come up with to counter your wife's actions.

Regardless of how many different threads he posts.

 

[Just Blue]

It might not be? But it is part of the whole if we go to trial.

She was incredibly sober but obviously scared when they did the video tests... and to add to the fact she was, due to the stress, having a sudden menstual bleed down her legs at the time she was doing the walking and other tests... Non-sequitor... and there is more of course with regard to other factors involving her arrest....

Agreed to do all tests and breathalizer and blew a .14.

.08 is drunk. She tested at .14.

She was NOT "incredibly sober". And having a "menstual(sic) bleed" is not a bright defense.

 

[davew128]

And having a "menstual(sic) bleed" is not a bright defense.

No, but wouldn't be a bright LINE defense?