First, you may hear attorneys talk about discovery. Discovery is what any experienced attorney will request from the State during the trial preparation phase of a DWI matter. Discovery consist of many different items. My discovery demand consists of about thirty different items, including police reports, videos recordings, Alcotest instrument certification documents, digital data, CAD reports, just to name a few.
Second, what is the significance of this process. Well, many of the items that I request in my discovery demand are directly related to the admissibility of the Alcotest readings. Others will help us make important probable cause determinations, like video recordings and audio recordings. Some relate to the timing of the arrest and subsequent testing which will determine if certain timing related procedural requirements were violated.
Most importantly, in many instances, if you don’t demand it, and you don’t know what to ask for, you will lose you case. It is that simple.
The discovery process may be the single most important pre-trial aspect of DWI representation. Consider this. I have had many DWI cases dismissed for the state’s failure to provide the necessary discovery documents.
In my opinion, this is why it is important to hire a lawyer who specializes in this area, such as I do. As stated, I believe that only an experienced DWI attorney really understands how to strategically position his client for the best possible pre-trial result. And remember, in many instances, I have won pre-trial discovery motions, suppressed the Alcotest readings as a result, limiting my client’s exposure, then took the case to trial, knowing that the downside to losing was the absolute minimum penalties, then won at trial anyway.
The bottom line is that if you have been charged and arrested for a DWI related offense, I implore you to contact my firm and get a free consultation. I will not pressure you. I will simply assess your case and give you an honest opinion. But know this, I am tenacious and patient. Your case will be handled as if I was the won who was facing the charges.