Aguirre v. State (1997)

In Aguirre v. State, 948 S.W.2d 377 (Tex. App.--Houston 14th Dist. 1997, pet. ref'd), a defendant argued a videotape of a DWI stop should have been excluded based on an absence of authentication because it had no sound, rendering it untrustworthy. The appellate court held the videotape, despite the absence of sound, was properly authenticated when the deputy testified the tape was a fair and accurate representation of the DWI stop. Id. at 378. The court held the deputy's testimony was sufficient to support a finding that the matter in question was what the proponent claimed it was. Id.