Obtaining Discovery for Your DUI Case
An Entire Team of DUI Attorneys in Bakersfield
Criminal defense cases may be likened to a sports contest in the way that
two sides are competing for high stakes, but they are dissimilar in the
way that you may access the information or “plays” the opposition
intends to use against you during trial. This is a process known as discovery,
and although it is generally reserved for more severe criminal violations,
such as a
violent crime or a
drug crime, it may be used for your driving under the influence (DUI) charges.
Through proper discovery methods, you may want to access the following
- Officer notes from the arrest
- Blood alcohol concentration (BAC) level reports
- Instruction manuals for chemical testing devices
- Information gathered while you were being booked
While you might not be privy for everything, anything you can discover
can be incredibly useful. It all relies on how you go about obtaining
that information, and if you do it in a timely manner. At Campbell Whitten,
you can retain our Bakersfield DUI attorneys to handle this tricky yet
crucial aspect of your DUI defense on your behalf.
Take out the guess work and get professionals on your side. Call 661.735.1038 today.
Requesting Discovery and Reacting to the Opposition
Even though you have a right to see some or all of the information the
opposition is going to use as evidence against you in your case, the law
enforcement agency that arrested you is unlikely going to make this easy
for you. Due to its rarity in traffic-related citations and DUI arrests,
it could be possible that they are not even aware of your right to discovery.
Regardless of what they know, you need to know what to do to get that
information, and get it soon.
When obtaining discovery rights in your DUI case, you may need to:
- Create a specifically worded request for discovery.
- Deliver your request to the police and the prosecution at arraignment.
- If during arraignment is not an option, send it through postmarked mail.
- Wait up to three weeks for a response.
If you are given copies of all the pertinent information for your case,
you have successfully used discovery methods. If your request is ignored,
you must continue pressing forward, take the matter to court, and file
a pretrial motion of discovery. Bring your original statement given to
the police and the prosecution to show the judge as evidence that your
original request was denied or ignored. If you still have not been granted
discovery of the prosecution’s evidence by the time the trial begins,
you can move for a dismissal of the case due to a denial of your rights
and unreasonableness of the opposition.
Using the Information Provided
In an ideal situation, you will get the officer’s notes and any relevant
data as soon as possible in your case. Once you obtain it, what do you
do with it? Law enforcement officials need to write a lot of information
down in just a short amount of time, so the notes are probably heavy with
jargon, abbreviations, and even scrawled diagrams. For someone who is
unfamiliar with how the police operate, the notes can cause more headaches
Allow our DUI attorneys in Bakersfield to come to your aid. Not only can
we help you obtain the evidence through discovery, we can use our knowledge
of the law and police procedures to use the information to your advantage.
Contact us or fill out a
DUI case evaluation form today to get started.