Legal Question in DUI Law in New Mexico

Is a discovery packet the original police report, etc., and can a case proceed without it?

Asked on 12/08/10, 7:33 am

1 Answer from Attorneys

Charles Aspinwall Charles S. Aspinwall, J.D., LLC

The discovery packet normally includes the police report, the results of a breath/blood test (BAC), and any other information such as a tape recording or dash cam video, along with the results of the field sobriety tests (FST's). If discovery has not been provided by the DA prior to trial (it almost always is), then it is necessary to file a motion with the court to order its production. If discovery was not demanded by the defendant nor ordered by the court, then the trial can proceed without it in some counties, but such would not happen in Metropolitan Court in Bernalillo County.

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Answered on 12/13/10, 11:55 am

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