Motion for Supplemental Discovery
Experienced New Jersey DWI defense attorneys seek to examine the prosecution’s evidence as a fundamental part of a strong drunk driving defense. NJ DWI defense lawyers gain access to additional prosecution evidence through the use of a motion for supplemental discovery. A skilled New Jersey DWI / DUI defense attorney will make motions to gain access to additional evidence that could create reasonable doubt in the driver’s guilt. It is vitally important to gather all of the information that the state has against the driver to see what strengths and weaknesses lie in both the state’s and the driver’s NJ DWI case.
This process is referred to as “discovery”. Discovery occurs because the defendant has the right to receive any and all information that prosecutors use in their attempt to convict the defendant. Discovery is designed to promote the truth, guarantee a fair trial, and ultimately save the court’s time.
The prosecution typically turns over basic evidence to the defense without a motion. This evidence usually includes the written report of the arresting officer, and the breath, blood or urine testing basic documents. These documents generally include statements made by the driver, information about prosecution witnesses, possible exculpatory evidence, results of scientific tests, and all written or recorded statements of witnesses whom the prosecutor intends to call at a prospective trial, including experts.
However, an experienced New Jersey DWI / DUI defense attorney will request additional information that will help build an effective defense. The attorney likely will request calibration and maintenance records of a breath testing machine if one was used, as well as the downloaded data from the machine. A discovery motion can also obtain a “split,” or part of a blood or urine sample, so that an independent forensic alcohol expert can analyze it. The motion also seeks more specific information and documents regarding the testing than that which may have already been provided.
If police or prosecutors failed to preserve evidence helpful to the defense, a skilled New Jersey DWI defense attorney may make a motion to ask for sanctions that can include suppression of evidence or even dismissal of the case.
A supplemental discovery motion is a potent defense tool in the hands of a skilled drunk driving attorney. A New Jersey defense lawyer whose practice is focused on fighting and winning DWI cases will use the supplemental discovery process to the accused driver’s best advantage.
The New Jersey DWI lawyers at Levow DWI Law lawyers are well known state-wide by judges, prosecutors, and police officers for the motions that we file to maximize our clients’ chances of obtaining success in the defense of their cases.