We requested total discovery including ALL possible documents and evidence which the DPS might use at the hearing and ALSO specifically listed the Breathalyzer calibration and calibrationist records in that discovery request. We received only 4 documents which included the DIC23/24/25 and the notice of the hearing prior to the hearing.
Our attorney was sure we would get a dismissal since they did not provide us with our requested breathalyzer information and could not therefore, include any breathalyzer results in the hearing. He also told my wife not to attend since they could call her to the stand to testify and she was not needed to get a dismissal due to lack of discovery response. He said that if they tried to include the missing breathalyzer calibration documents in the hearing, he could ask for a continuance and then subpoena the arresting officer.
As it turned out, he called us and said he got a continuance since they had the documents we requested and had not supplied us with them prior to the hearing. HOWEVER, he also said that the administrative judge said we could not call any witnesses since we had not asked for them prior to the initial hearing now continued to next month.
Did our attorney mess up... or are we getting screwed by a scumbag tricky DPS?
Our attorney was sure we would get a dismissal since they did not provide us with our requested breathalyzer information and could not therefore, include any breathalyzer results in the hearing. He also told my wife not to attend since they could call her to the stand to testify and she was not needed to get a dismissal due to lack of discovery response. He said that if they tried to include the missing breathalyzer calibration documents in the hearing, he could ask for a continuance and then subpoena the arresting officer.
As it turned out, he called us and said he got a continuance since they had the documents we requested and had not supplied us with them prior to the hearing. HOWEVER, he also said that the administrative judge said we could not call any witnesses since we had not asked for them prior to the initial hearing now continued to next month.
Did our attorney mess up... or are we getting screwed by a scumbag tricky DPS?
