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Serving A Subpoena On A Law Enforcement Agency In a San Diego DUI

On Behalf of | Apr 13, 2014 | Firm News |

The Law Office of Mark Deniz has the privilege of enlisting some of the best young legal minds in San Diego.  One of these persons is George Konugres.  George is a third year law student at Cal Western SOL. He has an extremely impressive resume and has an intense desire to help people.   He was invited to write on subjects that he comes across while working with the firm.  In just this past week George 2nd chair a trial of ours in El Cajon as well as participated in a Felony Preliminary hearing. 

Today, he is writing about subpoenas and San Diego DUIs

Every good defense attorney knowsthat one needs evidence to build a solid San Diego DUI case. Most evidence thatwill be used in a San Diego DUI trial is to be exchanged between the state andthe defendant, through informal discovery under evidence code 1054. However,many times additional evidence is required for trial.

In a San Diego DUI, defense attorneys like to review the Mobile Video Audio Recording System(MVARS) or chemical tests. To retrieve such evidence one must submit a CR 125 subpoenaduces tecum. Additionally, one should attend the San Diego DUI ASP DMV hearing.Occasionally an officer may be asked to attend an APS hearing. This also requiresa subpoena. Sometimes an officer may not show up in which case another subpoenais needed. Most criminal subpoenas in a sand Diego DUI case are free but somerequire fees to pay for officer overtime.

The reality of thematter is that officers make arrests, but after that point they do not like todeal with paper work or turning over case information. Often subpoenas will berejected for improper proof of service, no payment of fees, improper request,or the location may not be the branch that has the evidence one is seeking. Itis a recommendation for those practicing in the San Diego DUI field to draftmultiple subpoenas with slightly different changes on each. This will ensure a submissionof one of the drafts, even with the most strict law enforcement agencies. 

Hire a Proactive, affordable, and quality defense when you are facing San Diego DUI charges. Whether you have been charged of a San Diego DUI, Poway DUI, La Mesa DUI, Santee DUI, Mission Valley DUI, Clairemont DUI, Point Loma DUI, La Jolla DUI, Carmel Valley DUI, Mira Mesa DUI, Pacific Beach DUI, Del Mar DUI, Carmel Valley DUI, Encinitas DUI, Oceanside DUI, Ocean Beach DUI, Escondido DUI, Vista DUI, San Marcos DUI, Carlsbad DUI, El Cajon DUI it is vital you need to hire an attorney who knows how to defend your rights and can determine if the government can prove their case.  Contact the Law Office of Mark Deniz now for a free case evaluation at 858-751-4384 or send an email to [email protected]

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