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howard5954 · Aug 13, 2009, 12:22 PM

I am representing myself in court for a DUI I got. Do I need to do a motion for discovery to see if there were any witnesses or to get the police report?

tickle · Aug 13, 2009, 12:45 PM

If you were caught dead to rights with a breathalyzer test, what chance do you think you will have of beating it by filing a motion of discovery? Witnesses to what ? Your being pulled over and given a breathalyzer test, or are you saying you were faulsly accused and had not been drinking and driving ?

Tick

twinkiedooter · Aug 13, 2009, 01:17 PM

You can go to the police dept and get a copy of your arrest and see what's what on the paperwork.

epawls · Aug 13, 2009, 01:40 PM

Yep... aside from the affidavit of probable cause, which is typically a part of the paperwork that is issued to you once you are formally charged... there is very little lingering paperwork that would fall under a discovery motion.

Who would be the witness? Are you talking of the state's witnesses? Typically the police agent who filed the charges of DUI against you is the witness for the case. The criminal complaint and the affadavit of probable cause is the state's case against you. That is about all there is to it.

To answer your question... the packet of paperwork you received when you were formally charged with the DUI should contain all the information you will need and all the information the state has against you.

There may be an accompanying police report from the officer, this is public record and if one exists, all you need is to ask for it at the police station.

howard5954 · Aug 18, 2009, 12:30 PM

Here is what happened my husband had a beer & a shot and got on his bike and was on his way home. Blam the next thing he knows he is in a helicoptor on the way to the hospital. No recollection of the crash. He wasn't given a breath alyzer test at the time that we know of, We guess the DA used the blood alcohol from the hospital .12 DMV took his license for 3 months, said they don't care if he was charged or not. 5 months down the road the DA decides to charge him with a DUI, no packet of which you speak came in the mail. The nurse in the hospital told me he was found wandering on the road, near his crashed bike. That is our question how can they say he was driving drunk with no witness to the fact he was actually driving?

tickle · Aug 18, 2009, 12:40 PM

I have a problem with 'had a beer and shot and got on his bike' and then he didn't know what hit him. DUI, okay, if they got his blood alcohol from the hospital, then that is enough for a DUI.

Tick

jmjoseph · Aug 18, 2009, 02:29 PM

Originally Posted by howard5954

Here is what happened my husband had a beer & a shot and got on his bike and was on his way home. Blam the next thing he knows he is in a helicoptor on the way to the hospital. No recollection of the crash. He wasn't given a breath alyzer test at the time that we know of, We guess the DA used the blood alcohol from the hospital .12 DMV took his license for 3 months, said they don't care if he was charged or not. 5 months down the road the DA decides to charge him with a DUI, no packet of which you speak came in the mail. The nurse in the hospital told me he was found wandering on the road, near his crashed bike. That is our question how can they say he was driving drunk with no witness to the fact he was actually driving?

Witnesses? The cops said " I wonder who was riding this crashed bike? Could it possibly be the injured guy over there wandering around in a daze? His name's on the registration, do you think it could possibly be him? No, not the drunk guy..."

It doesn't take Columbo to figure this one out.

I recommend getting a lawyer if you think you are going to "beat" this charge. Just thank the LORD he wasn't killed, and hope some sense was knocked into his head.

And .12% BAC is more than a beer and a shot. A beer and a shot is more like .04% .

Ofrom804VA · Mar 27, 2012, 05:55 PM

Hmm. I thought 2 beers in one hour puts you over .08. If a beer and a shot is .04 then 2 beers and a shot should still be under .08 and I don't believe that you can have 2 beers and a shot and still be under the limit. You definitely will have a buzz if u drink 2 beers and a shot within 30 minutes.

Ofrom804VA · Mar 27, 2012, 05:56 PM

"And .12% BAC is more than a beer and a shot. A beer and a shot is more like .04% "

Hmm. I thought 2 beers in one hour puts you over .08. If a beer and a shot is .04 then 2 beers and a shot should still be under .08 and I don't believe that you can have 2 beers and a shot and still be under the limit. You definitely will have a buzz if u drink 2 beers and a shot within 30 minutes.

Blue_boy29 · Jul 13, 2012, 07:55 AM

What forms do I need to file for a motion of discovery to obtain my blood alcohol samples?

Blue_boy29 · Jul 13, 2012, 07:56 AM

Originally Posted by Blue_boy29

What forms do I need to file for a motion of discovery to obtain my blood alcohol samples?

This is in the state of Georgia by the way. I was told I would have to file a discovery for motion to get my results.

AK lawyer · Jul 13, 2012, 08:44 AM

Originally Posted by Blue_boy29

This is in the state of Georgia by the way. I was told I would have to file a discovery for motion to get my results.

Who told you that? Normally a disovery motion need only be made if the prosecution refuses to honor your request for discovery.

If they are dragging their feet, you probably need to draft your own paperwork. That's one of the things attorneys are paid for: they know what they are doing.