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How can I obtain the maintenance records for a breathalyzer as well as in video evidence that was recorded in my DUI arrest

Laguna Beach, CA |

I didn't use the subpoena's found online from the DMV not knowing they were available. I would like to see the items to determine whether or not I should hire an attorney. My BAC readings were 0.10 and 0.11. Two points above legal limit. I lost the administrative DMV hearing and was informed that these forms were available. I was granted an extension of 5 days but relented due to my spousal input... However I'd like to see this evidence and if is in my favor then will hire an attorney.

Thanks in advance.

Attorney Answers 3


Normally in a criminal case, discovery comes through the DA's office. If your case has been filed in court and you have been arraigned and you are currently representing yourself, you can make a discovery request to the DA's office for the items. Normally, an attorney will have an easier time getting that information because they know who to contact at the DA's office and how to make the request. Depending on your jurisdiction, your blood alcohol level could be low enough that you could get a reduced charge called a wet reckless. Such a charge results in a lower sentence. It might be worth consulting a local attorney to see what your options are.

Good luck

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Since you did not get the requested items from the DMV for your DMV hearing you would have to get the items from the district attorney after your arraignment date. These are all helpful items that will assist in the defense of your case but there could be more information that only a criminal defense attorney would be aware of to look for. Most attorneys like myself will offer a free consultation. Feel free to give me a call. I practice in Orange County and was a Deputy District Attorney for the County of Orange.
Robert Driessen

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Unfortunately, these aren't records you can just get on your own. You could have sought them through a subpoena for your DMV hearing, but the way to get them now is through the discovery process in court. All criminal discovery is governed by statute - Penal Code section 1054 and the ones that follow are the discovery laws. After arraignment, your attorney can make the request for discovery of the maintenance and calibration records, along with any other information (patrol videos, notes of the officers, supplemental reports, audio or video recordings, etc.)

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