Driving While Intoxicated Case Law Update - Texas District ...

F. ABSENCE OF VIDEOTAPE1. NOT GROUNDS FOR ACQUITTALWilliams v. State, 946 S.W.2d 886 (Tex.App.-Waco 1997, no pet.).lrion v. State, 703 S.W.2d 362 (Tex.App.-Austin 1986, no pet.).Absence of videotape in DWIcase is not grounds for acquittal.2. UNLESS DESTRUCTION OF TAPE IN BAD FAITHGamboa v. State ,774 S.W .2d 111 (Tex.App.-Fort Worth 1989, pet. ref'd).To support motion fo drsmrss based on destruction of video, said destruction must be shown tohave been in "bad faith."3. NO JURY INSTRUCTION FOR FAILURE TO TAPEPlatero v. State, 1995 WL 144565 (Tex.App.-Houston [14th Dist.] 1995) pdr ref'd (Not designatedfor publication).Logan v. State, 757 S,W.2d 160 (Tex.App.-San Antonio 1988, no pet.).No jury instruction on sfafe's failure to videotape defendant.Manor v. State , 2006 WL 2692873 (Tex.App.-Eastland , 2006, no pet.).Where the DWI videotape was mrssrn g, the defendant was not entitled to a "spoilation" instruction.A defendant in a criminal prosecution is not entitled to a spoilation instruction where there is noshowing that the evidence was exculpatory or that there was bad faith on the part of the State inconnection wfh ifs /oss.G. SURREPTITIOUS AUDIO RECORDINGS1. PRE.ARRESTWallace v. State,707 S.W.2d 928 (Tex. App.-Texarkana 1986), affd,782 S.W.2d 854(Tex.Cdm.App. 1989).Surreptitiously obtained audio recordings are admissibl evidence on pre-arrest situations as/ongas no incriminating questions are asked without benefit of Miranda warnings.37