In a DUI case, discovery may include attorneys’ efforts to obtain the following: Statements you made to the arresting officer at the time you were pulled over; Anything you said to the officers or other staff members upon intake;
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In a DUI case, discovery may include attorneys’ efforts to obtain the following: Statements you made to the arresting officer at the time you were pulled over; Anything you said to the officers or other staff members upon intake; Breathalyzer test results and accuracy records of machine;
DUI defense lawyers use discovery to determine evidence that shows you were not driving under the influence. They research elements of the case to support your innocence or work to find deficiencies in the prosecution’s case against you.
The DUI laws of many states prohibit driving under the influence only on highways and roads that are open to the public. So, in these states, you generally can’t be convicted of a DUI for driving on your own private property, even if you do so while extremely intoxicated.
If you go to trial, you can’t be convicted unless the prosecution proves the charge beyond a reasonable doubt. This article outlines the basic elements of a DUI (called driving while intoxicated (DWI) or operating under the influence (OUI) and a number of different terms in some states).
To begin preparing for trial, both sides engage in discovery . This is the formal process of exchanging information between the parties about the witnesses and evidence they ll present at trial. Discovery enables the parties to know before the trial begins what evidence may be presented.
Evidence, such as a statement, tending to excuse, justify, or absolve the alleged fault or guilt of a defendant.
Supplemental discovery is a later set of questions or requests for information from the opposing party in a lawsuit, such as in the form of interrogatories or requests for production.
The filing of a demand or notice of discovery triggers a period in which the State needs to provide defense counsel evidence they have against the person accused.
The Brady Rule, named after Brady v. Maryland, 373 U.S. 83 (1963), requires prosecutors to disclose materially exculpatory evidence in the government's possession to the defense.
A Marsden motion is a formal request made by a criminal defendant to the court. The court hears arguments on the motion from the defendant and the attorney, without the presence of the prosecutor.
That disclosure is accomplished through a methodical process called "discovery." Discovery takes three basic forms: written discovery, document production and depositions.
Discovery is the process of obtaining the evidence that the state plans to use against a defendant. It's just a fancy word for evidence. Whenever an attorney says, “I'm going to request discovery,” that means they're going to get the evidence that the state claims they have.
Discovery is made on oath by way of an affidavit to which is attached a schedule of the documents and/or tape recordings; Within 20 days of receiving such notice, the party called upon to make discovery ("the discoveror"), shall deliver an affidavit specifying any documents or tape recordings in his possession.
The party to whom the request is directed shall serve a written response within 30 days after service of the request, except that a defendant may serve a response within 45 days after service of the process and initial pleading on that defendant. The court may allow a shorter or longer time.
How to present a losing objection:Make it a lead-off “general objection.”Object to anything that is not relevant to the “subject matter” (no longer the standard) or not likely to lead to admissible evidence (no longer the standard).Don't say if anything is being withheld on the basis of the objection.More items...•
Courts have permitted litigants to discover each other's cell phone records, non-public social media activity, wedding and vacation photos, and more. Often, courts permit this intrusive discovery without requiring any threshold showing that it is reasonably calculated to lead to the discovery of admissible evidence.