Discovery Delay for Unknown Reason Delays DUI Case Prosecution

By Mansour Taleb-Ahmed 

OAKLAND, CA– This week, in Alameda County Superior Court, during a pretrial hearing, the district attorney’s office apparently failed to provide full discovery to the defense, and the court was concerned enough to order the DDA to turn over discovery immediately.

The accused, who won’t be named because it’s a non-felony case, was charged with driving under the influence with an excessive alcohol blood, a misdemeanor.

The defense charged the prosecutor on the case had “enough time” to submit the discovery, and requested the case be moved to a “further pretrial hearing” and “compliance on discovery.”

When Judge Jennifer Madden asked about the reason for the delay, the prosecution said, “I do not know why it is taking so long.”

According to legal sources, in DUI cases, after the arraignment is held, the time it takes for a trial to begin “can vary greatly depending on the facts of your case.” According to DUI lawyers, they need time to “secure and evaluate” all the evidence before the trial and may file motions to exclude some evidence.

Judge Madden decided to set a further pretrial hearing for Sept. 7, 2022, and granted the motion of discovery compliance.

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