What is DUI discovery? What discovery is involved a criminal DUI case in California?

What is discovery in a DUI court proceeding? How is discovery conducted in a criminal DUI case in California? What are the statutory requirements for discovery in a criminal DUI case in California?

Discovery is the method that litigants (parties to a lawsuit) use to obtain evidence for use at trial. Parties generally exchange all discoverable evidence with the opposing side. This system is useful in forcing settlements since both parties are aware of the evidence that would be used in court in the litigation. Since both parties are aware of what the likely outcome of the litigation will be, parties frequently (but not always) settle. Some of the items in a DUI case that are generally discoverable are police reports & toxicology reports for the DUI suspect.

Some items of discovery that may be relevant in a criminal DUI case and generally discoverable to the DUI defendant are (1) the toxicology report for the blood, breath, or urine anaylsis. (2) Any test results which support the allegations alleged in the DUI complaint. (3) The certifications of the person operating the alcohol testing device. (4) The chain of custody of the blood sample used in the prosecution of the DUI case. (5) The Maintenance accuracy and usage logs for the preliminary alcohol screening device (PAS Test). (6) The Maintenance accuracy and usage logs for the alcohol screening device. (7) A list of the names of all persons the prosecution intends to call as witnesses at trial. (8) All statements of the defendant, whether oral, or recorded or memorialized in any fashion. (9) Any and all photographs depicting the scene of the incident. (10) All radio transmissions printouts concerning officer response to the location where the alleged incident occurred. (11) All notes taken by law enforcement concerning this case. (12) All recordings concerning officers response to the location where the alleged incident occurred. (13) All police reports created for the alleged offenses committed by the DUI Defendant. (14) All reports created for the alleged offenses committed by the DUI Defendant. (15) All evidence the prosecution intends to use at the time of the DUI trial.

Discovery in California criminal cases is generally done on a formal and informal basis. The purpose of California Penal Code section 1054 is (a) To promote the ascertainment of truth in trials by requiring timely pretrial discovery. (b) To save court time by requiring that discovery be conducted informally between and among the parties before judicial enforcement is requested. (c) To save court time in trial and avoid the necessity for frequent interruptions and postponements. (d) To protect victims and witnesses from danger, harassment, and undue delay of the proceedings. (e) To provide that no discovery shall occur in criminal cases except as provided by this chapter, other express statutory provisions, or as mandated by the Constitution of the United States.

Criminal DUI Discovery in California is governed by the California Penal Code. Specifically California Penal Code section 1054 et seq. Pursuant to California Penal Code Section 1054.1 The prosecuting attorney shall disclose to the defendant or his or her attorney all of the following materials and information, if it is in the possession of the prosecuting attorney or if the prosecuting attorney knows it to be in the possession of the investigating agencies: (a) The names and addresses of persons the prosecutor intends to call as witnesses at trial. (b) Statements of all defendants. (c) All relevant real evidence seized or obtained as a part of the investigation of the offenses charged. (d) The existence of a felony conviction of any material witness whose credibility is likely to be critical to the outcome of the trial. (e) Any exculpatory evidence. (f) Relevant written or recorded statements of witnesses or reports of the statements of witnesses whom the prosecutor intends to call at the trial, including any reports or statements of experts made in conjunction with the case, including the results of physical or mental examinations, scientific tests, experiments, or comparisons which the prosecutor intends to offer in evidence at the trial.

If you require the further help of an Orange County DUI lawyer, please feel free to contact a DUI attorney in our Orange County office. Attorney Vincent J. Russo is experienced in California DUI Law and can assist you with your driving under the influence charges in Southern California Courts Such as the Orange County Central Courthouse, Newport Beach Courthouse, Westminster Courthouse, Fullerton Courthouse, Long Beach Courthouse, and North County San Diego Vista Courthouse. Orange County DUI Attorney Vincent J Russo can also help you with the related Southern California DMV driver's license legal issues frequently associated with California DUI/DWI charges. Contact a lawyer to protect your rights.

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