DUI CASE

Question Details: IF THE ARRESTING OFFICER STATES THAT HE HAS ATTACHED A SUPPLEMENTAL FORM TO THE INFORMATION AGAINST YOU, BUT IS NOT HANDED OVER AT DISCOVERY, CAN IT BE USED AGAINST YOU.

Asked 10/26/2009 under DUI / DWI | 270 View(s) | More Legal Topics

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DUI / DWI Law Answers

Although I do not practice law in the State of Georgia, here are my initial impressions.  The general rule is that the state must turn over all "potentially exculpatory" material to the defense, pursuant to the case of Brady v. Maryland.  This  material is often referred to as "Brady" material.  Many states have case law that stands for the proposition that the state's failure to turn over Brady material, or, destruction of Brady material, will result in the dismissal of the charges.  However, this is never a simple matter, and requires hiring a skilled defense attorney to draft, file, and argue the appropriate motions/memorandum of law.  Good luck.

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