Discovery Process in Darien DUI Cases
In Darien, the defense attorney can request the police report in the very beginning of the case. If they find that they need additional information, they can file other motions almost immediately asking for other discovery, supplemental reports from police officers, and video and audio surveillance that are in possession of the police.
The discovery process in Darien DUI cases can sometimes be complex, cementing the need for an experienced attorney. A knowledgeable Darien DUI lawyer can gather all the necessary evidence to build a case to help produce a successful outcome on behalf of their client.Taking Discovery
An attorney can take discovery through the state. This would be through any government entity or police officer. If there was anyone outside of that, they would have to ask the court for permission to be able to get that additional discovery.
Generally, anything within the state of Connecticut or any of its entities is within the state’s possession.Discoverable Evidence
The evidence that discoverable materials might include is any evidence related to the breathalyzer machine or the administration of the breathalyzer, such as records as to when it was last calibrated, how often it is calibrated, blood test samples, lab records, conversions done by state lab workers, and any surveillance footage.
This can be recordings of 911 calls, body cams, dash cam footage, or surveillance of the person being booked and processed.Role of Law Enforcement
Typically, Darien law enforcement either gives the Stamford prosecutors all the reports and records they have, or they let them know that they are holding onto them so that they do not get overwritten.
As part of the discovery process in Darien, a defense attorney can make a request to the prosecutor and the prosecutor can get it from the police department.
As far as the government, they are the liaison between the defense attorney and the police department or other State of Connecticut entities.Subpoenas
A subpoena is a written document that requires a person to appear and testify, produce documents, or, in some instances both at once.
As part of the discovery process in a Darien DUI case, a subpoena could be used on a police officer, records, or both to the DMV hearing, which is separate from court but often requires the testimonies of the police officer who maybe pulled the vehicle over or conducted the field sobriety test for that hearing.
Additionally, it can be used in court to subpoena either officers or documents to a court proceeding. For example, if there was a motion to suppress and it required the testimony of the officer, perhaps the officer would get subpoenaed to come to court and testify under oath.Importance of Immediate Action
Typically, the discovery process in a Darien DUI case can start right away, especially with things that could get overwritten, like recording devices, which usually overwrite within two weeks or 30 days.
It is important to obtain these elements right away so they do not lose favorable evidence that could possibly show that the person was not intoxicated or at least be mitigating to defend.