It is important that DWI defendants realize that this statute forbids the defense from getting information about the evidence or proof that the prosecution will rely on in proving the DWI case against the defendant. Under the statute, a bill of particulars in New York sets out items of factual information relating to the DWI charge and includes the substance of the defendant’s conduct encompassed by the charge which the prosecution intends to prove at trial. This statute defines what a bill of particulars is in New York and sets out how a DWI defendant can make a request for the document and get a court to enforce it. The law that relates to a DWI defendant obtaining a bill of particulars in New York is New York Criminal Procedure Law (CPL) § 200.95. New York Laws about Obtaining a Bill of Particulars: A bill of particulars is important to the DWI defense attorney because it may be used as an investigative tool for the defense. The ultimate test that a court uses in deciding whether to grant a DWI defendant a bill of particulars is whether the information sought is necessary to their defense.
A DWI defendant is generally allowed to obtain a bill of particulars when they seek clarification about their charges from the prosecution. In addition, the DWI bill of particulars tells the DWI defendant what charges the prosecution intends to prove so that the proof at trial is limited to those issues and so that any surprise is avoided.
It is meant to give the DWI defendant and the courts information about the exact nature, character, scope and extent of the charges relied on by the prosecution in a DWI case. The bill of particulars is a more specific allegation of the facts regarding the DWI charge. In a DWI case, the bill of particulars is a document prepared by the prosecution that states more clearly the charges against the DWI defendant so that the defendant’s DWI defense attorney can frame a defense and prepare for trial.
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