Berky v. State

Carley, Justice.

Peter Gabor Berky was charged with DUI, driving with an unlawful alcohol concentration, speeding, and improper lane change. He filed a motion in limine to exclude a videotape allegedly showing his commission of the offenses charged. Because the arresting officer was killed in an unrelated incident after Berky’s arrest, the State was unable to lay the foundation for the admission of the videotape, and the trial court entered an order granting the motion in limine. When the case was called for trial, the State announced that, in light of the trial court’s order, it was unable to…