Your Athens DUI Lawyer Should be investigating on Your Behalf
After you have found an Athens DUI attorney whom you can trust, the next most important thing that needs to be done following a DUI charge is gathering evidence. This evidence will be used at various hearings related to your charges. The type and accuracy of evidence that obtained is extremely important; the right evidence may be enough to have the charges against you dropped, or result in a reduced, and less severe, sentence. Evidence may help your case or hurt your case, but it needs to be examined. You and your attorney need to know more than the prosecutor’s office knows.
You can discuss the details of your case at no charge at our office and learn more about what kind of specific evidence your case requires. Call (706) 705-5122 to schedule a free meeting.
Types of Evidence to Gather
It is important that you collect all types of evidence related to the charges pending against you. This evidence may vindicate you or substantiate any defenses related to the charges. This includes, but is not limited to:
- Video footage of your driving
- Video footage of the actual arrest
- Accident/incident reports filed by responding officer(s)
- Any supplemental reports
- Breath/blood tests providing evidence of intoxication levels
- Evidence of testing machine calibration
- Eyewitness statements
- All other supplementary evidence
How to Gather Evidence
It is important that evidence is gathered in a timely manner. Attorneys have many different tools for acquiring evidence. For instance:
- Statutory discovery – The law provides that certain information must be supplied upon demand. This evidence includes: a copy of the accusation (charging document), a list of witnesses, scientific evidence, and statements made by the defendant.
- Exculpatory evidence – This is evidence that is helpful to the defendant’s case. If the prosecutor knows of evidence helpful to the defendant, they are required to preserve the evidence and share the evidence.
- Open Records Act requests – This is a statutory discovery tool.
- Subpoena – The Court can order that certain evidence be brought to court. This can be a subpoena for a witness or a subpoena for the production of physical evidence.
For some types of evidence, such as video footage captured by a third party, you may need to send a preservation of evidence letter – an attorney can assist you in doing so. Videos made at the jail will typically be taped over very quickly, so a letter to preserve the tape would be sent. Also, the crime lab will destroy blood specimens after about a year, so if we want the blood tested by our experts, it must be preserved. Other types of evidence, such as police reports, can be obtained simply by filing a request. Your attorney can work with you to determine which types of evidence—and how to gather it—are pertinent to your case.
Consult With An Athens DUI Attorney Now
Working with an experienced Athens DUI attorney improves your chances of your case being resolved in your favor. If you have been charged with a DUI in Athens, remember that a charge is not the same as a conviction. At the Law Offices of J. Lee Webb, Attorney Webb can work with you throughout all steps of the process of being charged with and fighting a DUI.
To learn more and schedule a free consultation, call us at (706) 705-5122 today.