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How can I obtain all evidence from a DUI arrest?

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

Posted

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 an attorney/client relationship. It's impossible to give detailed, accurate advice based on a few sentences on a website (and you shouldn't provide too much specific information about your legal matter on a public forum like this site, anyway). You should always seek advice from an attorney licensed in your jurisdiction who can give you an informed opinion after reviewing all of the relevant information.

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6 comments

Asker

Posted

Once I get all the information I need then I will take it to different attorney's. If a lawyer doesn't feel like he can win my case then there is no point in paying the extra money to have someone stand in the court room with me. Do you think if I go into my first court appearance ask for an extension and request all evidence that it will work out that way? Or will my extension be rejected?

John M. Kaman

John M. Kaman

Posted

You don't know what information you need; a good lawyer like Mr. Marshall will. Put your ego aside and listen to professionals.

Asker

Posted

Ego? You make your self sound greedy and out for money, not justice! I appreciate your help so far but I don't need a sales pitch.

Robert Lee Marshall

Robert Lee Marshall

Posted

Ego is thinking you can hold your own against an experienced prosecutor without the necessary experience and training. There may be opportunities that you miss while trying to "take it to different attorneys." By the way... did you request a DMV hearing within ten days of your arrest? If you didn't, DMV will suspend your license under an administrative process that is completely separate from the criminal case. (That's assuming you're charged with driving with an excessive blood alcohol level... over .01% under 21, .08% for everybody else.) If you don't request the hearing within ten days of arrest, the suspension is automatic. If you make the deadline, DMV will send you copies of the police reports. (Of course, a DUI attorney would request the hearing and represent you there, too.) Attorneys have a different skill set, just like everyone else, including plumbers and mechanics. Every criminal defense attorney has horror stories about clients who thought they could handle a case themselves, and made it much worse. It's like working on your car without the proper tools, training and experience... by the time you realize you're in over your head, you have to pay to fix what you broke, in addition to the original problem... and you may have damaged it beyond repair.

John M. Kaman

John M. Kaman

Posted

I don't need your money and even if you came to me with an enormous sum of money you are not the kind of client I would accept. Your posts have trouble written all over them. Your kind of a minor league Lindsay Lohan.

Asker

Posted

I know John M. Kaman is in the tank for Robert Lee Marshall but come on, minor league Lindsay? Someone was been watching too much tmz! I got the answer I was looking for from lower ranking contributors, I will not try and represent myself if I feel I have a chance to win. That being said, I will not pay a pair of chumps the likes of you two to stand in the court house with me only to have the same out come if I were to plead no contest.

Posted

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 §1054), 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.

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Asker

Posted

Your help is greatly appreciated! The penal code you provided explains in depth everything I needed to know. Once again thank you

Posted

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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1 found this helpful

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Asker

Posted

Your help is greatly appreciated! The penal code you provided explains in depth everything I needed to know. Once again thank you

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