Fischer v. State

MAJORITY OPINION

EVA M. GUZMAN, Justice.

This case presents a question that has never been fully addressed by Texas courts: whether a law enforcement officer’s observations of a DWI suspect, dictated on videotape, are admissible as present sense impressions in the suspect’s criminal prosecution.1 Appellant John Robert Fischer was arrested for driving while intoxicated in violation of Texas Penal Code Ann. § 49.04 (Vernon 2003). The arresting officer videotaped the traffic stop during which he administered field sobriety tests to Fischer and dictated his observations and conclusions. After the…