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

| Sep 14, 2015 | Firm News |

Every good defense attorney knows that one needs evidence to build a solid San Diego DUI case. Most evidence that will be used in a San Diego DUI trial is to be exchanged between the state and the defendant, through informal discovery under evidence code 1054. However, I do not want to be reactive and wait for the evidence to trickle to me.  What you want to do is go out and procure the evidence yourself.  Be proactive and review the weight of the evidence before the prosecution has a chance to review it.  I have seen videos that would of hurt my clients case that went unseen by the prosecution because we got the video ourselves and the prosecution had notrequested it.

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In a San Diego DUI, defense attorneys like to review the Mobile Video Audio Recording System (MVARS) or chemical tests videos. To retrieve such evidence one must submit an APS subpoena duces tecum. These are different from the normal CR-125 subpoenas that are used in criminal defense cases.  Additionally, one should attend the San Diego DUI ASP DMV hearing to get another piece of evidence, which is key in a lot of cases.  This also requires a subpoena. Sometimes an officer may not show up in which case another subpoena is needed. Most criminal subpoenas in a San Diego DUI case are free but some require fees to pay for officer overtime.

The reality of the matter is that officers make arrests, but after that point they do not like to deal with paper work or turning over case information. Often subpoenas will be rejected 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. It is a recommendation for those practicing in the San Diego DUI field to draft multiple subpoenas with slightly different changes on each. This will ensure a submission of one of the drafts, even with the most strict law enforcement agencies.

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