What Is Discovery in a DUI Case?
“DISCOVERY” CAN BE SEEN IN TWO DIFFERENT CONTEXTS.
Discovery as Lawyer Slang: In everyday practice, lawyers often use the term "discovery" to describe all the tangible evidence and documentation handed over by the prosecution. When your defense attorney mentions reviewing the discovery, they are referring to items such as:
Police reports
Dashcam or bodycam footage
Field sobriety test results
Breathalyzer or blood test results
Witness statements
Any other materials that relate to your arrest and charges
This collection of evidence is vital for your attorney to analyze and assess the strength of the prosecution’s case. By reviewing these materials, your attorney can determine whether the police followed proper procedures, if there are inconsistencies in the evidence, or if any constitutional violations occurred during the stop or arrest. This initial review is often the foundation of the defense strategy.
Discovery as a Legal Process: In a more formal legal sense, "discovery" refers to the procedural steps that allow a defense attorney to obtain evidence and information from the prosecution and other relevant sources. This process typically begins at the start of a criminal case, and it involves requesting all materials that the prosecution plans to use in court.
The defense attorney submits a formal discovery request, which requires the prosecution or law enforcement agencies to provide any evidence they have related to the case. This may include not only the obvious items like reports and videos but also materials that may not be immediately apparent, such as:
Officer training records (to check whether the arresting officer was properly trained)
Calibration logs of the breathalyzer machine
Maintenance records for police vehicles involved in the arrest
This phase ensures transparency between the parties and allows the defense to challenge the evidence effectively. If the requested evidence is incomplete or withheld, the defense attorney can file a “Request for Discovery and Inspection” with the court, compelling the prosecutor to provide the missing materials or explain to the judge why they are unable or unwilling to provide them.
The Importance of Discovery in DUI Cases
Discovery plays a pivotal role in building a defense for a DUI case. DUI charges rely heavily on objective evidence, such as blood alcohol concentration (BAC) readings, video footage, and police reports. The defense attorney's job is to scrutinize every piece of evidence for inconsistencies, procedural errors, or potential violations of your rights.
For example:
Video footage may show that the field sobriety tests were improperly administered or that the officer didn’t follow proper protocol during the stop.
Breathalyzer records could reveal that the device was not correctly calibrated or that it malfunctioned, leading to a falsely high BAC reading.
Police reports might contain contradictions or errors that cast doubt on the officer’s account of the events.
The discovery process is especially crucial in DUI cases because much of the evidence is subjective, and slight inconsistencies can significantly weaken the prosecution's case. For instance, field sobriety tests are inherently subjective, meaning the officer’s interpretation of your performance could be biased or flawed. By reviewing the discovery thoroughly, your attorney can uncover weaknesses in the prosecution’s case that can lead to a reduction of charges or even a dismissal.
Steps Involved in the Discovery Process
Here’s a typical breakdown of how the discovery process unfolds in a DUI case:
Initial Discovery Request: The defense attorney files a request for discovery, asking the prosecutor’s office to hand over all evidence they possess related to the case. This may include physical evidence, documents, digital records, and witness testimony.
Reviewing Discovery: Once the prosecution provides the requested materials, the defense attorney reviews the evidence in detail. This includes carefully going over any video footage, police reports, and lab results to check for inconsistencies or procedural errors.
Request for Additional Discovery: In some cases, the initial set of evidence may be incomplete. For example, if a report refers to a specific test result that wasn’t included in the discovery, the defense attorney will file a Request for Discovery and Inspection. This is a formal legal motion asking the prosecutor to provide the missing evidence or explain why it’s not available.
Defense Discovery Efforts: While the defense attorney is reviewing the prosecution’s evidence, they also conduct their own independent investigation. This might include visiting the scene of the arrest, speaking to witnesses, reviewing surveillance footage from nearby businesses, or hiring expert witnesses. In some cases, the defense might subpoena additional records, such as the police department’s training manuals or maintenance logs for the equipment used during the arrest.
Expert Analysis: In DUI cases, scientific evidence such as breathalyzer readings and field sobriety test results play a major role. Defense attorneys often consult with experts to challenge the reliability of this evidence. For example, an expert might testify that the breathalyzer machine wasn’t properly calibrated or that certain medical conditions could have affected your field sobriety test performance.
Challenges and Pitfalls in the Discovery Process
While the discovery process is designed to ensure fairness, there are common challenges that defense attorneys often encounter. For instance:
Incomplete or Delayed Discovery: In some cases, the prosecution may fail to turn over all relevant evidence in a timely manner, either due to oversight or deliberate withholding. This can significantly delay the defense’s ability to prepare for trial.
Lost or Destroyed Evidence: Evidence, particularly in DUI cases, is often time-sensitive. If video footage, for example, isn’t preserved properly, it could be lost or destroyed. A proactive defense attorney will act quickly to request and preserve key evidence.
Unreliable Witnesses: As time passes, witnesses may forget details or change their recollection of events. An experienced attorney will work to gather witness statements early in the discovery process to avoid these issues.
The Role of the Prosecutor in Discovery
The prosecutor plays a central role in the discovery process. They are responsible for gathering and disclosing all relevant evidence to the defense. However, it’s not uncommon for prosecutors to resist providing certain evidence, especially if they believe it could harm their case. In these situations, the defense attorney must file motions to compel discovery, asking the court to order the prosecution to release the evidence.
It’s also important to note that prosecutors must comply with legal obligations to disclose any evidence that might be favorable to the defense (exculpatory evidence). If they fail to do so, it could lead to sanctions, including the dismissal of charges or other penalties.
Discovery Forms from Area Jurisdictions:
Here are a few specific discovery forms from local jurisdictions that may be used during the discovery process in DUI cases:
Johnson County (JOCO)
Lawrence
Lenexa
Merriam
Mission
Mission Hills
Olathe
Overland Park
Prairie Village
Shawnee