is arrested for DUI in Orange County, the arresting officer completes a
DUI investigation report, complete with all the observations the officer made
before the traffic stop, the driver’s performance on field sobriety tests, the
results of any voluntary breath test (called a preliminary alcohol screening
test or PAS for short), and the results of the post-arrest evidentiary breath
test (unless the driver chose a blood test, then the results wont be known for
ten days).
Once the DUI
arrest report is completed, it is sent to the Orange County District Attorney’s
office. The DA will review the report and file appropriate charges. The court
then sets an arraignment date, which is the first court appearance for the driver
or their Orange County DUI lawyer. At the arraignment, the DA gives a
copy of the police report to the drivers DUI defense lawyer. But in almost every case there is much more information
that us DUI defense attorneys want to get. Evidence such as audio
and video recordings of the driving, the field sobriety tests, and the entire
DUI investigation are very important. Also, written or recorded statements of
other witnesses are also critical.
arrest report is completed, it is sent to the Orange County District Attorney’s
office. The DA will review the report and file appropriate charges. The court
then sets an arraignment date, which is the first court appearance for the driver
or their Orange County DUI lawyer. At the arraignment, the DA gives a
copy of the police report to the drivers DUI defense lawyer. But in almost every case there is much more information
that us DUI defense attorneys want to get. Evidence such as audio
and video recordings of the driving, the field sobriety tests, and the entire
DUI investigation are very important. Also, written or recorded statements of
other witnesses are also critical.
According to
the law, your DUI Attorney is entitled to all this evidence,
and more. California Penal Code section 1054 deals with the obligation of the
DA to produce evidence important to the defense of any crime, including drunk
driving. Section 1054.1 states: “The
prosecuting attorney shall disclose to the defendant or his or her attorney all
of the following materials and information, if it is in the possession of the
prosecuting attorney or if the prosecution attorney knows it to be in the
possession of the investigating agencies:
the law, your DUI Attorney is entitled to all this evidence,
and more. California Penal Code section 1054 deals with the obligation of the
DA to produce evidence important to the defense of any crime, including drunk
driving. Section 1054.1 states: “The
prosecuting attorney shall disclose to the defendant or his or her attorney all
of the following materials and information, if it is in the possession of the
prosecuting attorney or if the prosecution attorney knows it to be in the
possession of the investigating agencies:
(a) The names and addresses of persons the
prosecutor intends to call as witnesses at trial.
prosecutor intends to call as witnesses at trial.
(b) Statements of all defendants.
(c) All relevant real evidence seized or
obtained as part of the investigation of the offenses charged.
obtained as part of the investigation of the offenses charged.
(d) The existence of a felony conviction
of any material witness whose credibility is likely to be critical to the outcome
of the trial.
of any material witness whose credibility is likely to be critical to the outcome
of the trial.
(e) Any exculpatory evidence.
(f) Relevant written or recorded
statements of witnesses whom the prosecutor intends to call at the trial,
including any reports or statements of experts made in conjunction with the
case, including the results or comparisons which the prosecutor intends to offer
in evidence at the trial.
statements of witnesses whom the prosecutor intends to call at the trial,
including any reports or statements of experts made in conjunction with the
case, including the results or comparisons which the prosecutor intends to offer
in evidence at the trial.
This section
of the Penal Code obliges the DA to turn this evidence over to the defendants Orange County DUI Attorney. Once the defendant’s DUI defense lawyer submits an “informal
discovery request” asking for discovery in the case, the DA is obliged to turn
over this evidence within 15 days of the request. If the DA fails to turn it
over within that time, the defendant’s DUI attorney can file a formal Discovery
Motion with the court. After a hearing on the motion, the court will order the
DA to turn over the evidence or face consequences, including a possible
dismissal of the case.
of the Penal Code obliges the DA to turn this evidence over to the defendants Orange County DUI Attorney. Once the defendant’s DUI defense lawyer submits an “informal
discovery request” asking for discovery in the case, the DA is obliged to turn
over this evidence within 15 days of the request. If the DA fails to turn it
over within that time, the defendant’s DUI attorney can file a formal Discovery
Motion with the court. After a hearing on the motion, the court will order the
DA to turn over the evidence or face consequences, including a possible
dismissal of the case.
In reality,
the DA almost never turns the evidence over within 15 days. This is not because
they are reluctant to comply, but because it takes more time to gather all the
evidence, which is usually in the hands of the police agency that made the
arrest in the first place. Typically, it takes about 30 to 45 days for the DA
to produce all the evidence in a DUI case.
the DA almost never turns the evidence over within 15 days. This is not because
they are reluctant to comply, but because it takes more time to gather all the
evidence, which is usually in the hands of the police agency that made the
arrest in the first place. Typically, it takes about 30 to 45 days for the DA
to produce all the evidence in a DUI case.
If you are
facing charges for a DUI in Orange County, call The Law Offices of EJ Stopyro at (949) 559-5500 for a free and confidential consultation with an experienced
Orange County DUI lawyer. You can also visit our website at www.ejesquire.com. We have offices at 32072
Camino Capistrano, 2nd floor, San Juan Capistrano, CA 92675 and 1901
Newport Blvd., Suite 350, Costa Mesa, CA 92627.
facing charges for a DUI in Orange County, call The Law Offices of EJ Stopyro at (949) 559-5500 for a free and confidential consultation with an experienced
Orange County DUI lawyer. You can also visit our website at www.ejesquire.com. We have offices at 32072
Camino Capistrano, 2nd floor, San Juan Capistrano, CA 92675 and 1901
Newport Blvd., Suite 350, Costa Mesa, CA 92627.
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