How can I obtain all evidence from a DUI arrest?

Asked about 3 years ago - Lompoc, CA

I would like to get video/audio evidence from the police vehicle and all documentation from that night including police reports, hospital blood draw records and any other information I may need.

Attorney answers (3)

  1. Robert Lee Marshall

    Contributor Level 20

    1

    Lawyer agrees

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    Answered . Do you have an attorney? If you can't afford one, the court will appoint the public defender to represent you.

    All of the evidence will be disclosed to your attorney after your first court appearance. If the District Attorney doesn't cough everything up, your lawyer will know how to get it.

    If you're trying to represent yourself, I would strongly advise you to reconsider. DUI defense is a very complicated area of law, and those who are good at it have years of experience and training. If you have to ask a very basic question, like how to obtain evidence, you probably aren't up to the more complicated aspects of the case.

    Please understand that this is a general discussion of legal principles by a California lawyer and does not create... more
  2. Robert Louis Miller

    Pro

    Contributor Level 13

    Answered . Thanks for your question.

    There are a few ways of going through this, but they all involve the power of the subpoena. If you've requested a timely DMV hearing, the DMV has a subpoena that can be used for the information above you've requested. You can also do a discovery request in court (as authorized by the law contained in Penal Code ยง1054), or do a subpoena to the police department or hospital, etc., for the items you've described.

    I hope this helps, but please feel free to post again if you have any other questions. It's my pleasure to help in any way that I can.

  3. Jeremy C Brehmer

    Pro

    Contributor Level 5

    Answered . California Penal Code section 1054 governs discovery in criminal cases where the documents sought are to be produced by the proseuction. This is not the exclusive method for obtaining documents which may help your defense. Other avenues include Freedom of Information Act Requests from public entities, Adminsitrative and third party subpoenas for records, and informal requests from 3rd parties who may have the evidence you seek. It should be noted that the US Supreme Court has ruled in Brady and followed in Bagley and other cases, that exculpatory evidence must be produced to you even if not requested. Therefore if the sought records may tend to prove your innocence, the prosecution must provide those to you without request. Practically, even though the prosecution has a duty to produce documents under its control and part of the prosecution team, assistance from a qualified attorney is nearly always required to avoid the pitfalls of procedural issues.

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