Discovery is simply another was of saying evidence. In a Kentucky DUI case, the defense attorney will usually file a discovery request. A discovery requests asks the prosecutor to provide the defense with the evidence that the Commonwealth intends to use at the DUI trial.
The Rules of Criminal Procedure cover the scope of the DUI discovery. Criminal Rule 7.24 is entitled Discovery and inspection. That rule requires, upon a written demand of the defense, the Commonwealth’s attorney (prosecutor) to disclose the evidence.
The evidence that must be disclosed includes oral incriminating statements, written or recorded statements made by the defendant, physical or mental examination reports.
On motion, the court mayrequire the commonwealth’s attorney to allow the defense to inspect and copy books, papers, documents, or tangible objects may be material to the preperation of the defense. It does not extend to memoranda, or statements made by witnesses other than the defendant.
Only after the prosecutor provides the defense with discovery may the prosecutor ask the defense for their response. If a defendant does not file for discovery – the prosecutor cannot ask them for it.
Next post I’ll discuss what happens if the prosecutor does not reply or refuses to reply to a DUI discovery request.
