Discovery in DWI/DUI Cases

In every DWI/DUI case, defendants have the right to Discovery. This is a term that means simply that the Prosecutor must provide all tangible items (documents, videos, audio, etc.) that he or she plans on using against you. The Prosecutor also has a duty to provide you with items that could potentially help you also. However, it is a defendant's duty to also provide a prosecutor with "reciprocal" Discovery, meaning to provide the Prosecutor with anything that is in your possession that may relate to your case can be used at trial.

Discovery in DWI/DUI cases is specific. Generally speaking, it includes:

1. police reports;

2. witness statements;

3. police video;

4. audio recordings;

5. a driver's abstract;

6. required documentation regarding the Alcotest Machine pursuant to   State v. Chun;

7. expert reports;

9. pictures;

10. training materials; and

11. anything else relevant to the incident.

Discovery is a crucial element of DWI/DUI defense. Without the proper training and experience, most Discovery will not make any sense to a defendant. I have seen numerous cases in which attorneys with little or know experience handling DWI matter have Discovery that is clearly missing important items but were completely unaware that it was missing that item. I am very demanding in regards to Discovery. After handling numerous DWI/DUI cases in many different municipalities, I know what should be provided to defense counsel and what to do if it is missing.