USING OPEN RECORDS ACT REQUESTS TO DEFEND YOUR DUI CASE
Learning how to effectively use the Open Records Act has been a tremendous asset to my DUI defense practice. In fact, if an attorney is relying solely upon the criminal discovery provisions to investigate possible defenses, particularly with regard to a state-administered breath in a DUI case, their investigation will really be lacking. Below is a sample Open Records request that I send in every DUI breath test case in my office:
SENT VIA FACSIMILE TO (404) 270-8143; (404) 270-8529 and
REGULAR U.S. MAIL
P.O. Box 370808
Decatur, GA 30037-0808 Open Records Unit
Georgia Bureau of Investigations
3121 Panthersville Road
Decatur, Georgia 30034
Re: Open Records Request for the following:
(1) A copy of all data collected to establish that the Intoxilyzer 5000 meets the requirements of precision and accuracy by the Georgia Bureau of Investigations.
(2) All of the data from all of the records for all of the files that are downloaded from the Intoxilyzer 5000 serial number 68-013181 for the time period September 1, 2008 through the present date. This request includes, but is not limited to: subject files, maintenance files, diagnostic files, calibration files, operational error files, quick tests and instrument files. NOTE: File names may not be exactly as requested but the intent of this item is to receive all transferred/downloaded files. Any data fields, records or files that are not provided must be clearly identified.
(3) Identification of the source(s) for the alcohol reference standards (both simulator solutions and dry gasses) used and the quality assurance measures taken during the preparation, analysis and handling of the standards.
(4) Identification of all steps taken by the Georgia Bureau of Investigations to verify the concentration of the alcohol reference standards used for the calibration of the Intoxilyzer 5000. Included in this request is the specific identification of the number of samples analyzed per “batch”.
(5) All laboratory data reflecting the analysis or verification of concentration of the alcohol reference standard(s) used with the Intoxilyzer 5000 serial number 68-013181 during the Time Period January 1, 2009 through the present date.
(6) The complete instrument history file for the Intoxilyzer 5000 serial number 68-013181. This request includes, but is not limited to, maintenance, repairs or calibrations conducted by the manufacturer or other service center; and any computer data collected and transferred, via modem or other means, to the Georgia Bureau of Investigations or other monitoring agency for diagnostic and or troubleshooting purposes.
(7) The complete maintenance history for all simulators used with the Intoxilyzer 5000 serial number 68-013181 during the Time Period January 1, 2009 through the present date. Specifically, this item is asking for documentation that verifies that any and all simulators used in connection with this Intoxilyzer 5000 have been maintained and calibrated as per the manufacturer’s specifications and/or State regulations. [If dry gas were utilized comparable documentation for the gauges, flow detectors and pressure sensors would be expected. If dry gas were used the calibration history of the barometric pressure sensor is also requested.]
Dear Records Custodian:
Pursuant to O.C.G.A. § 50-18-70 et seq. (Georgia’s Open Records Act), please provide full and complete copies of each of the documents, records, and recordings identified above.
Please contact me if I need to remit payment for this request in advance. Thank you for your kind assistance.
With kindest regards, I am
For the Firm
This request must be updated for Intoxilyzer 9000 tests.
In a subsequent post, I’ll provide a sample for blood test cases.