The concept of a Brady motion involves the prosecution and police turning over both inculpatory and exculpatory evidence. In other words, prosecutors and police must disclose to the defense any evidence they intend to use to prosecute a defendant in a DUI case, as well as any evidence that might help a DUI defendant in a case in Los Angeles County.

So, what we're seeing when we're talking about Brady motions and Brady violations is defense attorneys in DUI cases saying, ' Hey, look – we know you have this evidence. ' We need it.

In other words, how about a dashcam on the police vehicle? You're saying my client was driving and speeding, committing driving violations – okay, let's see it. Let's see the dashcam.

So, if they weren't giving the video – assuming a video exists in the particular police vehicle – most of them live in a CHP vehicle, but not necessarily in an LAPD vehicle, or even a body cam video that might exist showing the person talking, walking, performing a field sobriety test.

Of course, it would be a Brady violation if they have that information – they have those videos that the defendant can use to defend themselves, and they don't turn that information over to the defense. So, that's where you're going to see Brady violations – when things are not turned over to the reason so the guard can properly defend a particular DUI case.

Filing a Brady Motion in Court

So, suppose you have a situation where your attorney is trying to fight a case, and you need to file a Brady motion. In that case, you file the action with the prosecutors, and then the prosecutors are going to tell the judge whether they've got the information or not.

The critical thing is, they must turn over any exculpatory or inculpatory information they have related to a DUI case. If they don't, they may be subject to not being able to use that evidence against a defendant.

The judge can order them to turn over the information, and if it's relevant to the defense and they fail to provide it, the judge may even order the case dismissed. I make motions all the time. I say, Your Honor, I've informally asked for this information related to the DUI case that will help my client in their defense, and they're not turning it over.

Prosecutors can't hide behind the police. They can't say, ' Well, the police aren't giving it to me,' because the police are an arm or a branch of the prosecutorial system. If the police don't turn it over, and we know it exists, then it doesn't matter.

They will be ordered to turn it over, and if they fail to do so, the case can be dismissed. These Brady violations involve the defense demonstrating that the prosecutor or police have evidence that is not being disclosed to the defense. This can lead to serious consequences for the prosecution, including the potential dismissal of the case.

Now, of course, a judge will tell me what evidence it is. How do you know that they have it? Where is it? If you involve the judge and file a formal discovery motion, please state the judge's name.

I've requested it from them, but they haven't provided it to me. Therefore, I'm filing a motion with you and asking that you order them to disclose this Brady information – the information that can assist my client.

Judge Could Dismiss The DUI Case

If the judge orders the prosecution to disclose the information and they fail to comply, the judge has the power and authority to dismiss the case. This is a serious consequence, and it's important for the prosecution to understand the gravity of their actions. These Brady motions typically involve obtaining information that the prosecutors or police have, which can help the defendant.

But even information they're saying they have that they're going to use at a trial that they haven't turned over – you can say, that's a Brady violation. I need to evaluate the information that they supposedly have related to my DUI arrest to defend myself. Perhaps I should conduct my investigation.

Perhaps I want to have my expert challenge this evidence that they have. They need to turn it over to me. I need to be able to access it.

Don't confuse this Brady violation with the police giving you all the information that might exist out there in the universe. It's the only information they have, and they have control over it; the defense can't obtain it.

It wouldn't be a Brady violation if the defense could conduct their investigation and gather information. Could you go out and get it, defense? Please don't blame the prosecutors and the police; it's only evidence that they're not turning over.

For example, they have additional evidence beyond body cams and other police-equipped videos. Say they impounded a car related to a DUI accident, and they're not giving the defense access to view the vehicle to see what damage it has. That can be another example of a Brady violation.

Lawyer Seeking Reduced Charges Or Case Dismissal

Therefore, if they have evidence that they're not allowing the defense to see, the defense must counter. File a motion with the court. Say it's a Brady violation and get the judge to issue an order, so the defense can review everything, conduct a proper investigation in a DUI case in Los Angeles, and either have the case dismissed or receive lesser charges, but be in a position to examine all the evidence.

That's what the defense has to do in a DUI case. Suppose the police and prosecutors are interfering with that defense investigation. In that case, it's up to the DUI defense attorney to file the motion in the Los Angeles court where the case is pending and obtain the necessary evidence to be evaluated in order to defend the case properly.