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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Labels: DWI, open records