Elmer H. Young - Georgia DUI Attorney

Free Strategy Session Augusta and Macon: 706-284-4380 Savannah, Statesboro and Effingham: 912-400-0955

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Discovery and Investigation

This phase of a typical non-accident case involving an over-21 Georgia licensee is not clearly defined because investigating a case, and obtaining records, doesn't always start after arraignment. It begins with the start of the case. This "phase" refers to that period of time, however long or short, after arraignment and before the trial begins. It involves the process and efforts made by the "defense team" to locate or find information that may be helpful to the case for the defense and to determine what facts and evidence the state may possess harmful to the case for the defense.

This effort may involve the motions that were earlier filed seeking the court's formal review and order for the turnover by the state to the defense attorney, favorable or "inculpatory evidence" that may be in the possession of the state, but unknown to the defense. It may be as simple as the delivery of readable copies of citations or police reports. It may be requests for scientific reports of test results that the state expects to introduce into evidence as part of the state's case.

The DUI investigation may include one or more visits to the scene of the stop, or the location of the testing of the defendant. It may include the delivery of medical history or examinations of the defendant by a doctor or hospital. Photographs, videotapes and other recordings of a technical nature may be obtained. Physical and mental examinations might be suggested by the attorney if the facts suggest such a need.

The interview of potential and expected witnesses of both the state and the defense will be conducted. Background information of these individuals may be requested by mail or by an "open records request" of government agencies. Transcripts of the Administrative License hearing (ALS), Motion Hearings or other court proceedings will be prepared, delivered, read and analyzed for the cross-examination of the arresting officer. All of that begins in this stage.

The use of subpoenas to require delivery of evidence or attendance of witnesses is common in such a case. All of the above and more are likely to be quite normal in the process of intensely defending a DUI case.