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DUI Defense: 5 Disclosure Facts You MUST Know To Win
In a DUI case, understanding disclosure can make the difference between winning and losing your case. As a DUI lawyer, I've seen countless cases where seemingly minor details in disclosure documents became the turning point in securing a favorable outcome. Let's explore the five crucial disclosure facts that could be vital to your DUI defense.


Understanding the Basics of DUI Disclosure


Disclosure in DUI cases extends far beyond just the breathalyzer reading. It encompasses all evidence collected by law enforcement from their initial observation of your vehicle onwards. What many defendants don't realize is that even the smallest detail in your disclosure package could provide the key to winning your case. In fact, I've witnessed DUI cases dismissed based on disclosure details that most people would overlook.

The Supreme Court's Stinchcombe Decision and Your Rights


The Stinchcombe case fundamentally changed how disclosure works in DUI cases. This landmark Supreme Court decision requires law enforcement to provide comprehensive documentation, including:

- Breathalyzer maintenance records


- Officer certification documents


- Detailed notes about driving observations

This requirement is so stringent that even a single missing maintenance record could potentially lead to winning your DUI case.


What Evidence You're Entitled To See


The scope of disclosure in DUI cases is broader than most people realize. You have the right to access:

- Officer's notes about your speech, walking, and behavior


- Breathalyzer calibration records


- Police car video footage (if available)


- Officer's training records

Each of these elements is crucial, and the absence of any could significantly strengthen your defense.


Handling Missing Evidence in Your Disclosure Package


It's important to note that initial disclosure packages often lack crucial evidence. Common missing items include:

- Complete calibration records


- Detailed notes about roadside testing


- Officer certification documentation

When evidence is missing, you have the right to demand these records. If law enforcement cannot produce them, it could potentially undermine their entire case against you.


Leveraging Disclosure to Build Your Defense


Think of your disclosure package as a preview of your opponent's strategy in a championship boxing match – you need to understand every detail to mount an effective defense. Experience shows that cases can be won through:

- Identifying problems in breathalyzer maintenance records


- Spotting inconsistencies in officer notes


- Analyzing gaps in documentation

A Critical Warning


Before concluding, here's a vital piece of advice: never provide a statement about your DUI case without first reviewing your disclosure package. Knowledge of the evidence against you is essential for avoiding statements that could compromise your defense strategy.

https://youtu.be/U1tt15GnQCo https://www.nextlaw.ca/?p=29983

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