Information Your DUI Attorney May Obtain
This article lists some items of information your DUI defense attorney in Orange County may want to obtain, either through independent investigation or through formal discovery by asking the prosecutor. These items are only suggestions. Your attorney must decide how important each one may be for your specific case. There are very few cases in which every item is necessary.
When deciding which items are necessary for your case and what the best way is to gather them, your Orange County DUI lawyer must keep in mind that, depending on the method used to obtain the information, the prosecution may obtain the information as well. This will hold especially true if your attorney employs the formal discovery process. Sometimes, an adverse effect of requesting large amounts of information through formal discovery is to cause the prosecution to give your case too much attention.
Items to consider for discovery in a breath case may include the following:
- What is the officer’s training history on the specific machine used to test you? Because officers sometimes transfer from other departments, they are not always trained on the breath machine in the new department.
- The laboratory’s current license.
- What method has the laboratory submitted to the state or adopted for the testing of breath alcohol?
- The specific manufacturer’s manual for the breath machine employed.
- A log with the titration records for the simulator solution.
- Records of accuracy-checking for two months prior to and after the date of the test in question. Although sometimes described as calibration check records, they do not record the actual calibration of the machine; they are instead a simple calibration confirmation.
- A log of the people tested two months prior to and after the date of the test in question.
If you have been charged with a DUI, please contact an Orange County DUI defense attorney by calling Coffey and Coffey at 800-706-7888.