Motion to Take Depositions
COMES NOW the Defendant, by and through his undersigned attorney, pursuant to Fla. R. Crim. P. 3.220(h)(1)(D), and respectfully moves the Court for an order permitting the depositions of three Category A witnesses, and in support thereof, states as follows:
1. On December 24, the Defendant was arrested and charged with driving under the influence.
2. Officer G. T. M. was the officer who initially reported, and handled the crash investigation.
3. Officer C. H. removed the Defendant from his car, and radioed for the DUI unit.
4. Officer T. A. B. performed the DUI investigation and subsequent arrest of the Defendant.
5. On March 8, undersigned counsel attempted to reach Officer M. by contacting court liaison. A copy of the email sent to court liaison is attached as Exhibit A. As of the filing of this motion, the officer has not responded.
6. On March 13, undersigned counsel attempted to reach Officers H. and B. by contacting court liaison. A copy of the email sent to court liaison is attached as Exhibit B. As of the filing of this motion, the officers have not responded.
7. Officers M., H., and B., qualify as Category A witnesses, pursuant to Fla. R. Crim. P. 3.220(b)(1)(A)(I).
8. Defendants are permitted to take the depositions of Category A witnesses without leave of court, as to any felony charges. Fla. R. Crim. P. 3.220(h)(1)(A). Although these are misdemeanor charges, the rationale entitling a defendant to depose witnesses has no less efficacy, simply because the incarceration exposure in a misdemeanor case is less than that of a felony.
9. The taking of depositions, where the sworn testimony of the witness can be obtained in a neutral environment, is a proper vehicle to insure the independence of the criminal justice system.
10. This deposition will not only permit the defendant fair discovery, but will afford the State an opportunity to better and more closely evaluate this case and determine if a trial is necessary, thereby potentially saving the judicial resources of the Court.
11. Moreover, an accurate understanding of the testimony of the witness will enable the Defendant, the State, and the Court, to determine if the conduct alleged truly constitutes a violation of the statute alleged, and/or if the basis for the arrest was sufficient.
12. Out-of-court depositions of these witness may eliminate the need to further litigate the issues identified above, and may eliminate the need for a tedious suppression hearing and/or trial.
13. Therefore, in the interest of due process, fairness and judicial economy, it is respectfully submitted that “good cause” exists to support the request to take the depositions of Officers M., H., and B.
WHEREFORE, Defendant requests this Court enter an order finding the existence of good cause and grant this Motion to Take Depositions of Officers M., H., and B.