People always ask me why it takes so long to get the evidence in a DUI or OVI case. The simple answer is that a lawyer or defendant cannot always just go get it. It is evidence of a crime and not subject to public record.
This means that your lawyer will have to file a motion to get a copy. The police that send the evidence to the prosecutor’s office are not defense lawyers and do not always send everything.
Prosecutors do not always request everything from the police right away to save some work because they have a very high workload and don’t want to waste time getting things that will not be contested.
The first pretrial appearance is a good chance for your lawyer to get what the prosecutor has. He will also evaluate what is missing.
The first appearance on your DUI will most likely result in driving privileges if this is a first offense. If you have priors in 6 years you will have to wait until a hearing on the appeal of the pretrial BMV suspension called an ALS, or until the hard time of the suspension has run. “Hard time” means the court cannot let you drive yet.
The missing evidence can usually be produced without much difficulty at one or two additional pretrial appearances. This is depending on the complexity of the evidence being asked for, compare a refusal with no video to a case with multiple officers, an accident, and a blood test with hospital records and coroner’s lab records.
Be safe and remember, if you or a family member has been arrested for DUI or OVI in the Akron Area – including: Summit, Portage or Stark Counties; call Suhre & Associates at 330-564-1126. We are available 24-hours a day, 7 days a week. IT is very important that you call right away because now is the perfect time to put a team that includes a FORMER POLICE OFFICER and a 3 FORMER PROSECUTORS to work… for you!