The prosecution must turn over certain evidence before trial in any criminal case, including a DUI charge.
If you have been arrested for a DUI in California, you may be confused about the process. What happens next? What are your rights? How do you find out what evidence the police have against you?
In any criminal case, the prosecution is required to turn over evidence to the defendant, which includes broad categories such as witness statements, reports from labs regarding blood tests and police reports. The state must also turn over any evidence that is exculpatory, which means that it tends to show that you did not commit the charged crime. This requirement is also true in California DUI cases. The prosecution must turn over evidence in a process known as discovery. Your DUI lawyer in Pomona, CA can then use this information to put together the best possible factual or legal defense to the case, or to even have the charge reduced or dismissed entirely.
What Evidence Must Be Turned Over?
To prove a DUI charge, the prosecution must show that (1) you were driving and (2) you were under the influence of drugs or alcohol while driving, to an extent that you were unable to exercise the care of a sober person. The police and the prosecution will gather evidence to support these elements of the charge, which then must be turned over to you.
California law lists six broad categories of evidence that must be provided to a defendant in a criminal case:
- The names and addresses of witnesses to be called at trial;
- Statements made by the defendant (and any co-defendants);
- All relevant evidence seized or obtained during the investigation;
- Information regarding felony convictions of any material witnesses;
- Any exculpatory evidence; and
- Relevant written or recorded statements of witnesses, or reports of those statements, including the reports of scientific tests, expert witness statements and the results of physical or mental examinations.
If the prosecution withholds any of this evidence, your DUI lawyer in Pomona, CA can argue to the court that they should be penalized for it.
In DUI cases, the prosecution typically provides three types of evidence to the defendant: police reports, chemical test results, and any surveillance videos. The police report will contain the officer’s observations of you as you drove, as well as the reason that the stop was made in the first place. If there is not an adequate basis for a stop, then the charges may be thrown out. The results of any chemical blood or breath tests, including preliminary breathalyzer tests, are also critically important; it will show whether there was alcohol in your system, and how much was present. This data may provide a way for your DUI lawyer in Pomona, CA to make an argument that there was an error in the collection of the sample, or that the results were a false positive. Finally, surveillance video — if available — may show that you were driving erratically, or that the police followed (or failed to follow) the proper procedures in stopping you and investigating you for suspicion of driving under the influence.
All of this evidence will be analyzed by your DUI attorney to determine exactly how strong or weak the prosecution’s case against you is. It can help your lawyer prepare motions to have evidence suppressed (thrown out) or to have the charges dismissed. In many cases, a DUI lawyer in Pomona, CA will be able to spot issues in the prosecution’s case that a lay person (non-lawyer) would not necessarily notice.
If you have been charged with a DUI in Pomona, CA or the surrounding areas, contact the Chambers Law Firm today. With years of experience, our attorneys are skilled at defending clients in DUI cases. Contact our office today at 714-760-4088 or dchambers@clfca.com to schedule a free initial consultation and learn more about how we can help you fight back against California DUI charges.
