Interviewer: You had mentioned in a previous question a lot of the officers now have video. In that case, do you have immediate access to that video? Is that something that you can use in your defense?
Nathan: Immediate access, no. You will receive the video down the road, but it typically takes a month or two in order to do open records requests or to go through the proper legal discovery methods in order to get that.
Any Video is Available for DUI Defense
If there is police video available, whether it’s from the squad car or another form, we are entitled to receive it as part of the defense.
Interviewer: You bring up an interesting question, you say possibly a month on the road. How long does a typical OWI or DUI case take? Can you give us a specific or does each one vary?
Nathan: Every case is different. It depends on whether or not it’s a traffic matter, a misdemeanor, or a felony.
Each one of those three categories have a different legal process that you have to go through, and then, on top of all that, determining how long it takes to get police video or a police report. A lot of times, there is some form of counseling that the defendant or the client is going through. That can delay or speed up the process. There is really no rhyme or reason in terms of how long this is going to take. Typically, it’s a few months.