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What Every DUI Attorney Should Include in Their Notice of Appearance
A notice of appearance is usually the very first document drunk driving attorney will file to the court and prosecutor allowing them to know those are the attorney of record plus they represent the defendant. This typically document may be the first announcement of the lawyer in the case and possesses certain information.
In a standard criminal case the normal notice of appearance will contain a request all discovery, including although not limited to the police report, witness names and statements, audio or video recording, and any other evidence the Prosecution intends to use from the defendant.
In a DUI case however a lot more specific requests need to be made to mirror the specialized area of DUI laws and defense. In each and every DUI case the following requests need to be made:
Training manuals: inside a DUI case you will find manuals for both the standardized field sobriety tests, and also the breath test operator manuals. Based on once the arresting officer took these courses the manuals they used may be diverse from what is currently available. But requesting the manual which they were trained on, the DUI attorney includes a better sense of their qualifications, and also the any differences between the current and old.
Photographs of the breath test machine: One of the items that is helpful for trial practice is pictures from the breath test machine and it is inner workings. Requesting these materials in the notice of appearance is a great way to obtain them and begin a preparation for trial.
Preservation of samples: In a DUI case sometimes there are liquid blood samples which were taken. Preservation of those samples is important to keep the possibility of getting the samples retested. Typically this request also needs to be made using the State forensic toxicology laboratory that analyzed the blood under consideration.
Mathematical formulas: Often times inside a DUI case there are certain mathematical formulas and calculations which are used in the case. Specifically when its comes to retrograde extrapolation, and widmarks formula. If the Prosecution intends to begin using these calculations its vital that you ask them to in advance of trial.
Qualifications of witnesses: In this type of case there can be many expert witnesses called to testify by the Prosecution. These would come with breath test technicians, state toxicologists, expert DUI officers, etc. Knowing their qualifications, and experience just before trial is essential.
In almost any notice of appearance for a criminal case its vital that you make these requests for evidence. However in a DUI case its extremely important not to only use any notice of appearance but a specialized one drafted especially for the kinds of discovery involved with this area of law.
