The discovery process in a driving under the influence case can get complicated. The various elements in the discovery process include police reports, witness statements, body camera footage, 911 calls, and anything that is in the prosecutor’s file that they would use to prosecute a case. The whole process includes gathering information, gathering the evidence that police have, gathering evidence that police say they have, what police have not turned over yet, and trying to get more information.
Immediately following a driving under the influence charge, you need to retain the assistance of an experienced attorney. The Colorado Lawyer team can help you understand each part of the discovery process in a Greenwood Village DUI case.
Recovering Discoverable Materials
A defense attorney can seek discovery from the district attorney because they get that for free. Everything that the police officers use as evidence might be considered discoverable materials. This includes blood or breath test results, and all the records associated with the breath test. This is called the litigation packet. A defense lawyer can obtain this if needed to review blood tests, police reports, witness statements, body and dash camera footage, and everything they would need to be able to potentially defend the DUI.
Most Important Evidence In a DUI Case
The most important evidence in a DUI case is the blood or breath test results. Those are the most important because without these, prosecutors potentially could find their case dismissed. The level of alcohol in a person’s blood is also a significant factor because if it is less than 0.08, then there is a really good argument that they were not under the influence at the time.
Also, video and body cam footage from the officers is important because often officers will embellish details in their reports about the performance of roadside tests. They will say the person failed and did horribly, but the video footage shows a different story. Police may say that the person’s speech is slurred, yet the person on the video is actually talking quite normally. While the video footage may sometimes be harmful to the client, it is often very helpful.
What Is a Subpoena?
A subpoena is a legal document that is issued by either the courts, by the district attorney, or by the defense attorney. The person issued a subpoena has to show up to court, but sometimes a lawyer will issue subpoenas to produce documents.
Subpoenas can be used for witnesses or for producing records. If a lawyer cannot get a record because a hospital or a company will not hand over those records willingly upon request, a lawyer will subpoena the production of the records through the courts. It is an order from the court or from a lawful person to order someone to bring something or come to court. They need to come when they are issued a subpoena.
Learn More About The Discovery Process in a Greenwood Village DUI Case
For people going through the discovery process in a DUI case, it is important to seek help from an experienced attorney. A DUI attorney will make sure they have all the necessary evidence and information needed to defend your case. There have been times where either the DA or the officers have destroyed records, which is great argument for a defense lawyer that they destroyed evidence. Or perhaps police did not bother to put in the file some of these additional things that were missing. There are a lot of times where lawyers are missing information, and it is important that they follow up and get every piece of evidence. Schedule a consultation with the Colorado Lawyer Team to learn more about the discovery process in a Greenwood Village DUI case and how we can help.