NO. 

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

	MOTION TO COMPEL DRE DISCOVERY

TO THE HONORABLE JUDGE OF SAID COURT:

	Now comes_________________, Accused Citizen in the above entitled and numbered cause, by and through undersigned counsel, and makes this Motion To Compel DRE Discovery, and, for good cause shows the following:
I.
	Accused Citizen moves the Court and makes this request pursuant to Art. 39.14 of the Texas Code of Criminal Procedure, the Due Process Clause of the 14th Amendment of the United States Constitution, Art. I, §§13 and 19 of the Texas Constitution; and the right to the effective assistance of counsel, the right to be informed of the nature of the accusation, the right of confrontation and cross-examination, the right to compulsory process as guaranteed by the Sixth Amendment of the United States Constitution, and Art. I, §10 of the Texas Constitution.
II.
	On September 13, 2012, this Court GRANTED the Accused Citizens Motion for Discovery, Inspection, and Production of Drug Recognition Evaluation. Specifically the Court ordered to be produced 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.

	At this point in time, with the assistance of the Montgomery County District Attorney’s Office, the only items that have been produced are: the Drug Influence Evaluation Face Sheet and the Drug Influence Evaluation Narrative Report.  Items 1, 2, 3, and 4, have not been fully complied with in any way.
III.
	WHEREFORE PREMISIS CONSIDERED, Accused Citizen moves this Court to order the Montgomery County District Attorney’s Office and its agent, Conroe Police Department (either as a department or acting through the DRE officer in this case, Officer M. Dean) to produce to defense counsel, at his office, items 1, 2, 3, and 4, if they have not already been fully produced, within seven (7) days of this order.   Further, Accused Citizen requests this court to rule that any evidence described in this motion, or evidence derived from any evidence described in this motion be inadmissible in a trial on this case if this motion and order are not complied with.

Respectfully submitted,
Law Office of L. Clay-Jackson, P.L.L.C.

By:	
Joshua Zientek
State Bar No. 24063781
1110 N. Loop 336 W. Suite 500
Conroe, Texas 77301
P: 936-760-2889
F: 936-760-2892
Attorney for _____________________

CERTIFICATE OF SERVICE

	By signature above, I hereby certify that a true and correct copy of this motion was served on the District Attorney’s Office of Montgomery County by hand delivery on January 31, 2013.

ORDER FOR A SETTING

	On _______________, 2013, the Accused filed a Motion to Compel Inspection of Blood Kit. The Court finds that the Accused is entitled to a hearing on this motion and said hearing is scheduled for the ____ day of ____________, 2013.

							_______________________________
							Judge Presiding

NO. 

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

ORDER ON MOTION TO COMPEL DRE DISCOVERY

	On this day came to be heard the Accused’s Motion to Compel DRE Discovery and said motion is hereby GRANTED. 
THE COURT ORDERS the District Attorney’s Office and its agent, the Conroe Police Department (either as a department or by and through the DRE Officer in this case, Officer M. Dean)  to produce to defense counsel, at his office, the following items:
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.

 within seven (7) days of this order.   
	IT IS FURTHER ORDERED that if this order is not complied with fully, all evidence indicated in this motion and order will be inadmissible in a trial on this case. IT IS FURTHER ORDERED that, if this order is not complied with fully, that any evidence or testimony derived from the evidence described in this motion shall be inadmissible in a trial on this case.

Signed this _____ day of _____________, 2013

								______________________________
								JUDGE PRESIDING