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1:03 Sample Discovery Request: Breath Case

SUPERIOR COURT OF
JUDICIAL DISTRICT
PEOPLE OF THE STATE OF
Plaintiff,
vs.
Defendant

, COUNTY OF
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Case No.:
INFORMAL REQUEST FOR
DISCOVERY

TO THE DISTRICT ATTORNEY OF THE ABOVE-ENTITLED COUNTY:


NOTICE IS HEREBY GIVEN that I presently represent Defendant who is
charged with a violation of _______________. In accordance with the provisions
of Penal Code _______________ the Defendant requests disclosure and
production of the materials and information listed below, within fifteen days of
the date of delivery of this request.
1. Any and all police reports, supplemental reports or the like made in
conjunction with this case.
2. Any and all pre-booking, booking, or post booking reports or supplements
regarding this defendant.
3. Any and all citations or tickets issued in this matter.
4. Any and all statements, oral, written or otherwise recorded or preserved in any
manner, attested to, signed by or not, alleged to have been made by the
Defendant to any person at any time regarding the facts or circumstances of
this case.
5. Any and all names, addresses and phone numbers of any persons who may be
called to testify against Defendant at trial or any other hearing on issues
related to this case.
6. Any and all statements made by any of the aforementioned witnesses, oral or
written, recorded in any manner, attested to or signed or not by them.
7. Any and all names, addresses and phone numbers of any percipient witnesses
to any aspect of the offense, investigation or analysis conducted in this case,
whether favorable or unfavorable to the defense, regardless of the
prosecution's intent to call these persons as witnesses in any hearing(s).
8. Any and all statements made by any of the aforementioned witnesses, oral or
written, recorded in any manner, attested to or signed, or not, by them.
9. Any and all audio or visual recordings of the Defendant, the scene, or any
other facts or circumstances related to the above offense however recorded
and maintained.

10. Any and all criminal records allegedly relating to this Defendant.
11. Any and all criminal records of witnesses the prosecution intends to call at
trial or hearing, whether felony or misdemeanor, and the probation status, if
any, of these persons or any other relevant impeachment material of a witness.
12. Any and all other favorable or exculpatory evidence, information, and
documents, in the possession of the District Attorney , any police department,
or other agency or person available to the prosecution through due diligence.
13. Any and all tapes, printouts, or other communication from any police, fire, or
other dispatch regarding this offense.
14. Any and all recordings, printouts or other memorializations of any point to
point communication by any person involved in this matter.
15. Any and all 911 or other calls to the police regarding this matter however
recorded or preserved.
16. NOTICE IS HEREBY GIVEN THAT THE DEFENSE REQUESTS ANY
AND ALL ORIGINAL TAPES OF COMMUNICATION REGARDING
THIS EVENT BE PRESERVED FOR INSPECTION.
17. The specific name of the State's expert who will testify as a technical
supervisor and will interpret the breath test device results.
18. A copy of the breath test device record of the Defendant.
19. Copies of all training and operation manuals or other pertinent training
information given to the breath test device operator and technical supervisor
for their certification and for meeting proficiency requirements as pursuant to
_______________ [state statute].
20. The basic practical and educational requirements for the Breath Test Division
Staff responsible for the maintenance and the calibration of the evidential
breath alcohol test devices. Included in this request is the identification of any
and all basic training requirements and all annual or periodic refreshertraining requirements for the people responsible for the maintenance and
calibration of the evidential breath testing equipment.
21. An outline of the course work and the results of any proficiency testing
performed by the people responsible for the maintenance and the calibration
of the breath alcohol device.
22. Computer-generated copies of all reports, testing logs, records, computer data,
or other memoranda, of testing performed through use of the breath test
device and simulator machines used to test Defendant herein beginning 30
days before date the Defendant was arrested and 14 days after said date.
23. A copy of all tests, testing protocols and lab data collected by or on the behalf
of the chemical test section subsequent to the approval/selection/purchase of
the breath test device. This request includes, but is not limited to: (a) any and
all testing of the accuracy, precision, and safeguards; (b) any and all preinstallation certifications; (c) any and all in-house and/or independent lab
testing; (d) a copy of the owner's and /or user's manual for the data
acquisition/management program that the Breath Test Division is using for the
tests conducted on the breath alcohol device.
24. A listing of all databases collected from the breath alcohol device and
identification of data fields for each of the databases.

25. A listing of all codes, shorthand, messages, and/or acronyms used in the
breath alcohol device's computer data files (e.g. INV indicates mouth alcohol,
RFI indicates radio frequency interference, etc.).
26. Copies of the quality assurance plan, warranties, cautions, constraints and
FCC notices that are provided by the manufacturer of the breath alcohol
device.
27. A copy of the maintenance, calibration and operators manuals for the breath
alcohol device and any other materials utilized in the training of the Breath
Test Division Staff on the basic calibration.
28. Copies of any and all correspondence, memos, letters, e-mails, notes, etc.,
either to or from any of the Breath Test Division Staff addressing the
operation and/or performance of the breath alcohol device.
29. The written automobile inventory procedures of the law enforcement agency
that impounded and inventoried the Defendant's vehicle and the written
inventory of the vehicle.
30. Copies of all California State Department of Health and the arresting agency's
internal memoranda, advisories or notices, or those sent from the
manufacturers of the breath test device and simulator of the type that were
used to test the Defendant for intoxication on the date he was arrested that
generally provide information that these machines possibly suffer from a
design defect or that they may be subjected to false reading or errors due to
outside interference.
31. Production of a comprehensive summary (history) of all invalid tests or errors
of the specific breath test device that was used to test the Defendant.
32. An opportunity for defense experts to view, photographically record, and test
the breath test device and simulator machine that were used the day the
Defendant was arrested to test the Defendant for intoxication.
33. An opportunity for defense experts to view, inspect, diagram and
photographically record other electronic devices in the breath test device and
simulator rooms, as well as adjoining (side, above or below ) and nearby
rooms (within approximately 100 feet) that may emit radio frequency
interference, i.e., photocopying machines, radio transmitters, microwave oven,
computer terminals, etc . This opportunity includes photocopying of
instruction and service manuals for any electrical or electronic devices located
in the area. In addition, if said service manuals are not available, the State
will produce them prior to trial.
34. A detailed description of any repairs, charges, deletions, modifications, or
adjustments, made to both the simulator and breath test device used to test the
defendant herein. These productions are to include all records, computer data
and memoranda of the repairs and the reasons therefore.
35. All training manuals used by and in possession of the arresting officer in this
case for which he received his certification to perform standardized field
sobriety testing. This request for production is for the specific manual or
replacement manual, which was personally issued to the officer. This request
includes any and all handouts, documents or other training materials and notes
received by the officer or taken by the officer during the field sobriety test

certification process. In the event the officer should not have this manual and
materials, this production is to include a written explanation as to their
whereabouts.
36. All training manuals that are in possession of the arresting and investigating
officers who participated in this case that they received during their training
and certification to operate the breath test device. This request is to include the
original California State Department of Health Breath Test Operator Manual
or a replacement manual, which was personally issued to the officer(s). This
request also includes any handouts, documents or other training received by
the officer (s) or taken by the officer during the breath test device certification
process and proficiency process. In the event the officer(s) do not have this
manual and materials, this production is to include a written explanation as to
their whereabouts.
37. Any and all studies, reports, articles, books or any other source used by any
expert witness to create, inform or otherwise influence any opinion they may
render on absorption, elimination or processing of alcohol; divided attention
tasks, or field sobriety tests.
Notice is hereby given that failure to produce the above items will result in
application for Judicial Notice of the requested information and standards
applicable thereto by resort to Federal publications, manufacturer specifications,
lab requirements, Published peer review articles and the like, Title 17 and other
recognized resources.
Defendants ask that this document be treated as a continuing request through the
completion of trial.
Thank you in advance for your cooperation.