DUI cases can be difficult to defend, which is why motions can be an invaluable tool when building a defense. Filing a motion to compel discovery can be especially useful in building your DUI case. The primary reason to use a motion to compel discovery in West Palm Beach DUI cases is if an attorney realizes that they are missing information. Alternatively, if the defense thinks that there is information that the state is not sharing, a West Palm Beach DUI attorney would then file a written request with the court to ask the court to compel the other side to turn over the information that is being requested. Contact an experienced DUI lawyer who can use motions, along with other legal methods, to build a solid defense for you.
Purpose of a Motion to Compel Discovery
There are many reasons to use the motion to compel discovery in West Palm Beach DUI cases. If an attorney thinks that the officer has an audio or video recording and that has not been turned over, they have the right to ask the judge to make them turn that over. If there are any notes taken by the officer that were not turned over—say they are on personal notes on their own personal notepad—the attorney has the right to those notes.
There are some officers that individually record their encounters with civilians either on their own cell-phones or own camcorders, and they think it is private. They think it is private but once people find about it, they may be entitled to that to prove that there may be evidence that will be helpful to the defendant.
A motion to compel discovery can be used in various different ways in a DUI case. It is up to an experienced DUI lawyer to get creative and try and put the government on the heels of their feet so that the defense can get the prosecution on the defensive.
Motions As a Defense
The best defense is a strong offense. A West Palm Beach DUI lawyer often will get the best results when they make the prosecutor think that they are going to have a hard time winning the case, or that they will lose. They will always look for a motion to fire off to challenge the government.
There is nothing to lose by trying to use the motion to compel discovery in West Palm Beach DUI cases. If the defense loses the motion, they lose the motion. But oftentimes, the filing of a motion will make the prosecutor take a look at the case a little bit harder than if the defense had not filed a motion. The prosecution may be more inclined to try and give a result that may be more favorable to the defendant in exchange for withdrawing the motion or not doing the motion at all.
Other Types of Motions
Typically, the prosecution is not going to hand over evidence to the defense unless the defense is proactive and asks for it. Oftentimes, this means that the prosecution is going to file a motion to suppress.
If the defense wants to get rid of certain evidence, wants to weaken the government’s case, or wants to eliminate certain cards, they file a motion to suppress to get rid of their case, to get rid of their evidence, and to get rid of their house of cards.
Additional motions to be filed during a DUI case: One can file a motion to depose witnesses. One can file a motion to eliminate certain evidence. One can file a motion to move the case to a different jurisdiction.
Value of a Lawyer
Your attorney’s primary task is to try and win your case, and motions can be an excellent means of accomplishing that task. It is up to a lawyer to get creative as to what types of motions to file, but the basis for most motions is to eliminate evidence that has been gathered against you, that can be used to harm your case. By filing a motion to compel discovery in West Palm Beach DUI cases, an attorney can attempt to ensure that this incriminating evidence is not used, strengthening your case, and weakening the prosecution’s case. If you have been charged with a DUI, retain the services of an adept criminal defense lawyer who can work diligently to build your case.