Stephen: Hello, my name is Stephen Hamilton. I’m a board-certified criminal defense lawyer practicing in Lubbock, Texas and the surrounding areas and today’s video topic is why is the use of an investigator beneficial in a DWI case?
Stephen: If you’re stopped for a DWI, there are facts and issues that we need to know very quickly in the case. We need to send somebody out to take pictures of the scene, to take video to see if it was a good place for the officer to conduct the field sobriety test. Was it level, those type of things. What if there are other witnesses in the case? Maybe somebody you were with that evening. Friend, family member, at the bar, at the club when you’re at the dinner where you had two beers. An investigator is beneficial because he is independent. He works for me, but if there is an issue in the case then he can come in and testify that this particular person, this witness said a certain thing early on in the case. Sometime, witnesses disappear, and sometimes, witnesses changed their testimony, so they’ll tell an investigator early in the case “No, I didn’t think he was intoxicated” and they might tell a DA toward trial time “Well I thought he was intoxicated.” So we want to have another person to be able to call to defend you.
Stephen: The other reason to use an investigator is that person can then get up on the stand and prove up or making admissible certain things like the pictures. You don’t want to really take your own pictures because then to get them into evidence, you might have to get up on the stand and testify “Yes, I’m the one that took the picture.” If you testified, then that subjects you to cross examination. So a district attorney can ask you how much did you have to drink, did you think you were intoxicated? And all the things that we might not really want to put into evidence in the case. So that’s another reason to use an investigator. If you have questions about how I use an investigator to get the information, to visit with witnesses, to obtain police reports, call me. My office number (806) 794-0394. Pick up the phone and call me and schedule a time to come in and visit with me about how you use an investigator in your case. I’m Stephen Hamilton, and I hope you have a great day.