Patrick J. Silva - Attorney at Law
A Professional Law Corporation
Q. How to get arrest report/Toxicology report(Discovery) before court date ?
2 months ago I was arrested for DUI Medication/Drugs( No alcohol ) . Blood sample was taken when I was arrested and then released me after on OR. I was given a court date and no case has been filed . I called court and they don’t have any information about my case . Since the arrest was made within the city so it should be handled by City Attorney’s office. City attorneys office haven’t filed my case and they don’t have any info either . LAPD records division mentioned they don’t have any status on my arrest . How to get my arrest report and discovery when there is no court date set ? Do police officer always send the DUI arrest report to City Attorney’s office ?
A. If you were arrested in the City of LA, your case will be prosecuted by the Los Angeles City Attorney's office. Since you had no alcohol in your system, the LAPD should not have taken your license; but that means that you don't have a DMV Hearing where you would receive the reports. The reality is that if you never see them it means that the case was REJECTED by the CA. Or you can go to the Police station where the cops were from to ask for a report by giving them the DR number located on your paperwork.
Since it is a blood test, it may be taking longer to get the results depending upon what drugs they are screening for and how much blood they have to test, hopefully leaving enough for our lab to test.
Was there an accident? If not, why did they stop you (or were you asleep in the car?)? It is hard to prove a drug DUI without an accident, being asleep behind the wheel or some other horrendous driving. So they may still be testing.
Bottom line, if they file it within a year of your arrest, they have no Statute of Limitations problem. If they file the case, the police reports and toxicology reports will be given to your lawyer at your arraignment. You can also get a free consultation with a local attorney and he can help you get the info you want.
Arrested for DUI? Find Out What Everyone Should Know Before Talking to the Judge, Hiring an Attorney, Pleading Guilty or Going to Trial.
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