Discovery is the legal term used to describe the process the lawyer uses to gather the information that will be used against a person in a court of law. Once you hire an attorney to represent you, the attorney will “demand discovery.” When we demand discovery from the state we make sure that it includes:

• Reports made by all officers on the scene,
• Witness statements,
• Videos of any roadside testing and, if possible, video of the booking process in the jail,
• Medical records, and
• Information relating to the breath test equipment, blood or urine kit used

Our attorneys also take depositions. A deposition is the recorded statement of an officer or witness, taken under oath. This testimony can be used later for “impeachment.” Impeachment is a technique used by an attorney in a motion or trial to show that a person has changed their testimony. It can also be used to show that they do not accurately remember what happened.

The use of proper discovery techniques is essential to DUI defense. It is through discovery that the attorney obtains the evidence that can impeach officers, challenge the credibility of witnesses and undermine the State’s case. Evidence obtained in discovery can be used to file motions on behalf of the client. These motions, such as a motion to suppress or a motion to dismiss, can result in the dismissal of a client’s case. Even if the facts discovered do not support a dismissal, the evidence may be used to mitigate a sentence or provide for a lesser charge.

The attorneys in our firm know how to make the discovery process work for you. Our attorneys and staff have extensive experience in obtaining the evidence that will ensure the most favorable outcome for your case. We know the specific documents to ask for and which agencies can provide them. And, when we have the information essential to your defense, we will aggressively use it to fight for you.