Pre-Trial Motions: Motion for Supplemental Discovery - California DUI Law and Legal Information

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The process of gaining access to the prosecution’s evidence, known as discovery, is a fundamental part of DUI defense. An experienced California DUI defense attorney seeks access to every item of evidence that may help an accused driver fight his or her case. Defense attorneys gain access to prosecution evidence by filing a motion for supplemental discovery.

As in any California criminal case, discovery is based on the notion that the defendant is entitled to all information that will be used by prosecutors in their attempt to convict. Discovery has multiple purposes in a criminal DUI case - it is designed to promote the truth, save time, and to prevent ambush at trial.

Discovery evidence of the prosecution are provided to the defense without a motion. This information typically includes statements made by the defendant, relevant evidence seized or obtained as part of the DUI investigation, the names and addresses of prosecution witnesses, exculpatory evidence, results of scientific tests, and all written or recorded statements of witnesses whom the prosecutor intends to call at a prospective trial, including experts.

A California criminal defense lawyer who focuses on DUI defense will employ a device known as a Brady motion to seek information that may help the defendant. For an example, defense attorney can ask for calibration and maintenance records for the breath testing machine used. Additionally, a discovery motion can be used to obtain part of a blood sample or urine sample - commonly referred to as a "split" - so that a forensic toxicologist can make an independent analysis.

A defense attorney in a California DUI case may also file a motion known as Trombetta/Youngblood motion to ask the court for sanctions based on a failure to preserve favorable evidence. Discovery also can be used to obtain the personnel records of the law enforcement officer involved in the arrest, in what is known as a Pitchess motion.

Obtaining material from opposing counsel in a criminal matter begins with a process known as informal discovery. If either side fails to comply with informal discovery, opposing counsel then engages in formal discovery.

The court, not the prosecutor and defense attorney, oversees formal discovery. If either side fails to comply with formal discovery, the court may order sanctions and other penalties. Informal discovery always occurs before formal discovery, except when it comes to Pitchess motion.

A motion for supplemental discovery is a potent tool in the hands of a skilled attorney. A California criminal defense lawyer with a track record of fighting and winning DUI / DWI cases can determine when supplemental discovery will advance the client's case.