Open Records 1, Wylie PD 0

First, a recap-
I had a DWI trial in Collin County. The arrest was made by the Wylie PD. I subpoenaed the arresting officers to bring any information on local DWI procedures to trial
NHTSA has developed the standard DWI testing and arrest procedures. I was looking for any additional training or procedures used or developed by the Wylie PD. I filed an open records request before trial asking for the same information. By the day of trial I had not received a response to my open records request.

Day of trial- I put both officers on the stand to testify as to the existence of local DWI procedures. The two officers stated no such records exists. At that point I believed there was no point in waiting on the open records request so the trial went on.

Trial Ends- Finding of guilt by the jury. After trial I receive my open records response. Wylie PD, by and through their attorney, states that not only does Wylie have local DWI procedures, they are somehow confidential and not subject to open records disclosure. Wylie PD sought an Attorney General Opinion to deny access to the records.

Finally- I received the Attorney General Opinion which states that all the records I requested must be released. I look forward to finding out what was so important about Wylie DWI procedures as to exclude from the public, and exactly what the two officer’s testified to during trial.

For your viewing pleasure, here is the AG opinion. FYI- The CD labeled “Hooker” is not what you think. It is the arresting officer’s name. <!–


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8 responses to “Open Records 1, Wylie PD 0”

  1. <img src="http://www.blogger.c says:

    Please keep us posted.

  2. <img src="http://www.blogger.c says:

    1) Was this a judge or jury trial?2) Seems the reluctance to release the information was a stalling tactic. Do you take that issue up on appeal? Is there no ability for a continuance when information requested is not given? (im guessing no since there was a trial)

  3. <img src="http://www.blogge says:

    1) Jury Trial2) When you issue a subpoena, and are told the information does not exist, then there is not any reason for a continuance. Ergo, If you don’t know you didn’t get something, you can’t know to continue the case.3)I’m not on the appeal.

  4. <img src="http://www.blogger.c says:

    Cant wait to see the files they give you. . . Maybe a MNT is in order now before you are out of time….Hunter

  5. <img src="http://www.blogge says:

    This post has been removed by the author.

  6. <img src="http://www.blogger.c says:

    wow a PD saying they have no SOP for DWI stops and a jury that still gives them the verdict. Meh, no surprise since DWI is one of the new witch hunts.I’ll go around Texas for the foreseeable future 🙂

  7. <img src="http://www.blogge says:

    Hunter,The MFNT was denied without a hearing the day after it was filed.RG

  8. <img src="http://www.blogger.c says:

    Sounds like you’ve got 2 officers who committed perjury. I won’t hold my breath waiting to hear if the DA will take it to the grand jury.

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