If you have been accused of a DUI or any other traffic-related offense, you can obtain a police officer's notes to help you with your defense. After the police officer issues any sort of ticket, he or she will normally write notes on the back of the ticket explaining why you deserved the penalty and the conditions of the confrontation. You can get these notes before you hearing, and this will help you and your attorney to create a legitimate defense and use factual information to back it up. Normally, an officer will review his or her notes and will refer to them when testifying in the case.
If you can get a copy of these notes, you will be ahead of the game and will be able to prepare a defense that directly combats the details or claims on the back of the ticket. In most states, you can demand access to the officer's notes. In order to do this, you will need to go through a process that is commonly referred to as "discovery." During this process, you are required to demand other information like instruction manuals on the use of breathalyzers or radar guns. You will want to ask your local court if they honor the right of discovery. If they do, then you and your attorney can get all materials necessary from your defense.
To get the officer's notes, you will normally need to make a written request for the disclosure of all documents relevant to your case. If you have an arraignment, then you can probably go to the office, but if you post bail you will need to send your request by mail. Do this right away to allow for delivery time. You can send your discovery request to both the police agency that ticketed you and your local prosecuting agency so that both groups can assist you in collecting the information that you need.
In the event that your request is ignored, you will want to get your attorney involved and be persistent in making requests. It is rare for defendants to ask to see evidence against them, so many officers and prosecutors don't even know that the right of discovery is available in a traffic court. If you don't get any response within three weeks, then you will want to make a pre-trial motion to ask the judge to order the officers to release the notes to you.
If your discovery request is still ignored and you have to go to trial without the information that you wanted, you may want to consider asking the judge to dismiss the case. You will want to explain the situation and show that you have been denied your right of discovery. Sometimes, the court will acknowledge that the officers have not been cooperating, and will let you go free of charges.
If you are able to obtain an officer's notes, you will want to study them carefully along with your criminal defense lawyer. You will be able to evaluate your defense strategy based on the information of these notes. Look at the amount of detail in the notes, and what the notes don't say. For example, look to see if the notes mention what lane you were in, or how the officer recorded your offense. Also, see if there was any information about weather conditions and other nearby vehicles. Also, the notes should say where the officer was when he observed that you were breaking the law.
The police typically create diagrams on the ticket to show how the crime took place. If the officer includes significant details, he or she will be probably look more professional and prepared in court. If you can combat those details, or point out the officer forgot important parts of the arrest, then you may be able to win your case. Also, look to Hire a DUI attorney near you today if you want assistance with driving offenses or a DUI charge.
Most officers will note any admissions that were made by the driver, so you will want to see if these were recorded as well. Continue to pour over the notes with an attorney and carefully structure your case so that you can explain any details that may have been misrepresented. You will want to have a convincing and helpful attorney there to stand alongside you and show that you have been misrepresented. Hire a local DUI attorney today to get started!