Reader’s Question:

After the arraignment of my sister’s DUI charge In Palm Beach, Florida, she’s already preparing for her trial. Before that, she told me that there would be a discovery motion first. What does discovery motion in a DUI case mean?

Mallorie

Palm Beach, Florida

During a discovery motion in a DUI case, the prosecution will be asked to release additional evidence. Discovery would be based on the idea that the defense is entitled to all the information that will be used by prosecutors in their attempt to convict. Most of the time, prosecutors would simply give your DUI lawyer the evidence that would make the discovery unnecessary.

There is actually an informal discovery process that often happens between the defense and the prosecution without the judge getting involved. Both parties provide the other with a list of the information that they would like to be given. The pieces of evidence that your DUI lawyer will receive in this informal discovery process include things such as the names and addresses of prosecution witnesses, statements made by you, relevant evidence seized or obtained as part of the investigation, results of scientific tests and all written or recorded statements of witnesses whom the prosecutor intends to call at a prospective trial. In your sister’s DUI case in Palm Beach, Florida, if both sides refuse provide the evidence that the other side requested, a formal discovery process begins. This would require filing motions so that the judge can decide whether or not to order that the prosecution give the DUI lawyer the evidence he/she wants.

Tags: drunk driving laws, DUI, DUI advice, DUI lawyer