You must request these things exact. Or you’ll get nothing. The State may not give them to you so this why I create Open Records Requests and subpoenas. Usually I just subpoena the cop’s world in the very beginning of your case. I use the administrative license suspension hearing and jump on them early. You might not ever see some of these things if you don’t get them fast. Below is a list of some of the things that you should always get for a solid prepared defense. These are the standard things that I always go after for every single one of my clients.
- The graph created by the machine known as a gas chromatograph
- Memos, notes, graphs, computer printouts, and other data relied upon by a state crime lab chemist in obtaining gas chromatography results
- Police dispatch logs: Computer automated and/or handwritten dispatch logs
- Police dispatch records: Audio recording between the officer, dispatcher, supervisor, and other officers
- DVD video and audio of the stop and arrest: audio or video tape recordings made of you and your vehicle prior to the stop, and during the stop and arrest
- DVD video and audio of the chemical testing process: audio and video of the testing facility where you were taken to provide a State-administered chemical sobriety test, and at the detention facility where you were housed
- DVD video and audio of the intake area
- Police reports: complete incident report; All supplemental reports and arrest reports; Copies of any notes, documents, incident reports, supplemental reports, booking reports, field memoranda, or other papers showing the type of physical dexterity exercises administered to you or the results of these tests
- Police rough notes: all written field notes which were made by the arresting officer before the final report was entered
Traffic citations - Implied consent forms
- Breath test results: Copy of the Intoxilyzer 5000 slip that shows your breath test results
- Repair and service records of video camera(s)
- CAD printouts: Whenever the cop talks into his radio there is somebody on the other end taking it all down. I want it. So I get all printouts of any and all communications, including CAD printouts between the arresting officer’s and any other officers who came to the scene and all other persons, including dispatch officers, relating to the arrest
- Mobile Data Terminal Printouts: All printouts from the cop’s Mobile Data Terminal (MDT) relating to your arrest
- Intake Forms: All booking slips, prisoner intake forms or other processing sheets which were used to gather data about you prior to being taken into custody by the police
- Intoxilyzer 5000 logs: Certified Copies of Intoxilyzer 5000 logs from machine
- Certificates of inspection of the Intoxilyzer 5000
- Maintenance and repair records of the breath test
- Warranty for the breath test machine, Intoxilyzer 5000
- Intoxilyzer 5000 manual: Go after this if you plan on impeaching the officer with it
- Warrants for arrest
- Telephone records: AT&T keeps local calls on record for 60 days. Time is something we don’t have.
- Copy of accusation and witness list
- Defendant’s statements: If a statement was made and you were in custody and no Miranda was read, then I must try and kill it with a motion to suppress. I go after all written accounts of statements by subpoenaing the police reports and all written field notes which were made by the arresting officer before the final report was entered.
- Scientific tests: Laboratory notes
- Driving record: You give me written authorization, signed and notarized, telling that I may receive reports and I go get them.
- Wrecker records: When was the wrecker called? I subpoena the wrecker’s records regarding dispatch.
- Forms and Scientific Reports:
- Written statements