DISCOVERY IN DUI CASES Discovery in most DUI matters can be obtained two ways. The first is the through the DMV. As stated on the homepage, a hearing with the California DMV needs to be set within 10 days of the arrest. At the time this is being done, a request can be made for the police report, blood test results, etc. If there is other evidence that needs to be obtained a subpoena can be sent directly to the law enforcement agency to provide the evidence at the DMV hearing. The DMV can be a very useful way of obtaining discovery that prosecutors can be hesitant to hand over in a timely manner. The second way is through the District Attorney.
An informal request for discovery can be sent to the DA requesting all evidence needed in the matter. This list includes, but is not limited to:
(a) The Police Report
(b) The calibration records of any breathalyzer machine used.
(c) Any patrol car video
(d) Any video of the blood draw
(e) Blood test results
(f) If there are witnesses, a RAP sheet of any witness.
(g) Any photographs taken
(h) Any video at all taken
(i) Any and all exculpatory evidence (note that the District Attorney has a legal duty to provide any and all exculpatory evidence discovered even absent a request for it).
(j) Any 911 calls made by any witness that called in the DUI driver.
Basically, any and all evidence that exists, we want. Discovery can be the most important aspect of any DUI case because it provides a full picture of what occurred. The case is being prosecuted on certain evidence and the defense has a right to analyze the evidence and determine the strengths and weakness’s that each piece of evidence possesses.