CAUSE NO. _______________

THE STATE OF TEXAS	                             §       	IN THE COUNTY COURT AT LAW 
	
VS.    						     §                	NUMBER FOUR (4)
	
				                             §                	MONTGOMERY COUNTY, TEXAS

MOTION FOR DISCOVERY, INSPECTION AND PRODUCTION
OF DRUG RECOGNITION EVALUATION
TO THE HONORABLE JUDGE OF SAID COURT:
	COMES NOW, _________________, the above referenced Accused Citizen, by and through the undersigned counsel, and respectfully moves this Court, pursuant to:
	(A)	Article 39.14 of the Texas Code of Criminal Procedures;
	(B)	The Due Process Clause of the 14th Amendment of the United States Constitution and Article I, §§ 13 and 19 of the Texas Constitution; and
	(C)	The right to effective assistance of counsel, the right to be informed of the nature of the accusation, the right of confrontation and cross-examination and the right to compulsory process as guaranteed by the Sixth Amendment of the United States Constitution and Article I, § 10 of the Texas Constitution, for an order requiring the State's attorney, and the Drug Recognition Evaluator in this case to produce the following:

	1.	A copy of the Drug Influence Evaluation performed on the Accused Citizen.  Said request includes the Drug Influence Evaluation Face Sheet, the Drug Influence Evaluation Narrative Report containing all notations, statements, and observations made of the Accused Citizen, the Drug Matrix Report, and the Drug Recognition Evaluation 12 Step Opinion.

	2.	A copy of the Drug Recognition Evaluator’s rolling log of every drug recognition evaluation conducted, including toxicology results of same, for the past two years prior to the Accused Citizen’s D.R.E. exam and after.

	3.	A copy of the Drug Recognition Evaluator’s updated resume that lists all training, listing of readings which the DRE will rely upon to base and form any opinion, all formal education, any publications, and other relevant experiences.
	4.	Any and all photographs made of the Accused Citizen, including the booking photo, all audio and video recordings of the Accused Citizen made at the scene and/or station that contain any statements alleged to have been made by the Accused Citizen, or the Accused Citizen performing balance and coordination exercises, or of the Accused Citizen submitting to the Drug Recognition Evaluation made in this case.

	In support of this MOTION, the Accused Citizen shows as follows:

	1.	The matters requested are in the exclusive possession, custody and control of the State of Texas by and through its agents, a law enforcement agency, or the prosecuting attorney's office, and the Accused Citizen has no other way to obtain said information, other than through this motion and an order from this court.

	2.   	The items requested are not privileged.

	3.	The matters requested are material and necessary for the preparation of the defense in this case.

	4.	Absent all of the requested discovery, Accused Citizen's rights under Article 39.14 of the Texas Code of Criminal Procedure, Article 1, Section 10 of the Texas Constitution, and the Fourth, Fifth, Sixth, and Fourteenth Amendments to the United States Constitution will be violated to his irreparable injury and thus deprive the Accused Citizen from a fair trial.

5.	This MOTION is made in good faith and not for the purpose of delay.

	WHEREFORE, PREMISES CONSIDERED, Accused Citizen respectfully prays that this motion be granted in its entirety.
						Respectfully submitted,
						Law Office of L. Clay-Jackson, PLLC

															________________________________                      					Joshua Zientek
				SBN 24063781
				1110 N. Loop 336 W. Suite 500
				Conroe, Texas 77301
				P: 936-760-2889
				F: 936-760-2892					
						Attorney for Accused Citizen

CERTIFICATE OF SERVICE

	This is to certify that a true and correct copy of the attached and foregoing document has been served on the Assistant District Attorney assigned to this case on this the 3rd day of  August, 2012.

							 
							__________________________
							Josh Zientek
CAUSE NO. ____________
THE STATE OF TEXAS	                             §       	IN THE COUNTY COURT AT LAW 
	
VS.    						     §                	NUMBER FOUR (4)
	
				                             §                	MONTGOMERY COUNTY, TEXAS

ORDER ON MOTION FOR
DISCOVERY, INSPECTION AND PRODUCTION
	Before the court is a Motion for Discovery and Inspection and after due consideration of same it is the Court's opinion that said Motion should GRANTED.  It is therefore ORDERED that any evidence within the scope of the items granted below be provided by the Harris County District Attorney’s Office, hereinafter the State, and the law enforcement agencies in possession of these items.  The items are to be produced to Defense Counsel, JOSHUA ZIENTEK, 1110 N. LOOP 336 W. SUITE 500, CONROE, TEXAS 77301 within 21 days from the date this order is signed  
	The items ORDERED to be produced are the following:
	1.	A copy of the Drug Influence Evaluation performed on the Accused Citizen.  Said request includes the Drug Influence Evaluation Face Sheet and the Drug Influence Evaluation Narrative Report containing all notations, statements, and observations made of the Accused Citizen.

	2.	A copy of the Drug Recognition Evaluator’s rolling log of every drug recognition evaluation conducted, including toxicology results of same, for the past two years prior to the Accused Citizen’s D.R.E. exam and after.

	3.	A copy of the Drug Recognition Evaluator’s updated resume that lists all training, listing of readings which the DRE will rely upon to base and form any opinion, all formal education, any publications, and other relevant experiences.

	4.	Any and all photographs made of the Accused Citizen, including the booking photo, all audio and video recordings of the Accused Citizen made at the scene and/or station that contain any statements alleged to have been made by the Accused Citizen, or the Accused Citizen performing balance and coordination exercises, or of the Accused Citizen submitting to the Drug Recognition Evaluation made in this case.

	It is further ORDERED that this order is continuing that the State and the law enforcement agencies in possession of these ordered items will immediately make available to the Accused Citizen's attorney any subsequent discoverable matter within the scope of the above granted items within 24 hours of the time it learns of or obtains such discoverable matter.
	It is further ORDERED that any items herein not produced in violation of this order shall be and are excluded from evidence in this case if offered by the State if not timely provided as set forth in this order.
	It is further ORDERED that testimony concerning the items not produced in violation of this order or the information contained in those items, including the D.R.E. evaluation and any toxicology sample test result and testimony concerning the these items, in this case, shall be and are excluded from evidence in this case if offered by the State.

	SIGNED AND ORDERED this       day of      ____________________           , 2012.

							_________________________
							JUDGE PRESIDING