Charged with 2 counts DUI Manslaughter 3 counts bodily. It took 2 years to file charges. The first court appearance (calendar call) the "private attorney " received the discovery which DID NOT include the toxicology report (results well known within 3 months after the accident ). The second calendar call seemed pointless and now there is a scheduled defense motion hearing in the future. Is there ANY reason why it takes 3 appearances before these critical documents are received ?!
Certainly, the toxicology report is essential evidence in the case. Depending on the results of this test defense counsel may want to conduct testing with the use of an independent defense expert. Therefore, it is quite important that this information be provided to the defense as early as possible in the case so that defense has time to conduct such testing without being forced to waive Defendant's right to speedy trial. Given that this critical evidence has not been provided to defense in a timely manner, it may be that defense counsel has filed a motion to suppress the evidence. If the toxicology results are suppressed it will likely present a significant problem for the Government to be able to prove it's case.
You say the results were known already. There may have been legal as well as medical blood draws. The known results may be from the legal blood draw. The medical toxicology reports may be harder to obtain. Sometimes it requires a "Hunters hearing" for the state to obtain medical records from the defendant.
There are many factors that affect when reports are disclosed to lawyers. Since you already have a lawyer involved, I would schedule an appointment with your lawyer to fully discuss the evidence, reports, motions, etc. Ask your lawyer to explain your case and the defense strategy to you.
Most states utilize both breath and blood testing. Breath testing result are instantaneous. Generally, they know your BAC right then and there. A blood test, which is more often utilized in Felony DUI charges, takes some time because it must be tested in a forensics lab. The average blood test takes 6 weeks to return in Las Vegas. The prosecution can file a complaint and provide supplemental discovery until a reasonable time before trial.
Get free answers from experienced attorneys.
20,183 answers this week
2,339 attorneys answering
Don't speak legalese? We define thousands of terms in plain English.Browse our legal dictionary