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What Every DUI Attorney Should Include within their Notice of Appearance
A notice of appearance is usually the first document drunk driving attorney will file with the court and prosecutor letting them know they are the attorney of record and they represent the defendant. Typically this document is the first announcement of the lawyer in the case and contains certain information.
In a standard criminal case the normal notice of appearance will have a request all discovery, including but not restricted to law enforcement report, witness names and statements, audio or video recording, and any other evidence the Prosecution intends to use from the defendant.
Inside a DUI case however much more specific requests are necessary to mirror the specialized section of DUI laws and defense. In each and every DUI case the next requests need to be made:
Training manuals: in a DUI case there are manuals for both the standardized field sobriety tests, and also the breath test operator manuals. Depending on once the arresting officer took these courses the manuals they used may be different than what is currently available. But requesting the manual that they were trained on, the DUI attorney has a better sense of their qualifications, and the any differences between your current and old.
Photographs of the breath test machine: Among the items that is helpful for trial practice is pictures from the breath test machine and it is inner workings. Requesting these materials within the notice of appearance is a superb way to obtain them and begin a preparation for trial.
Montgomery County PA DUI Attorney
Preservation of samples: In a DUI case sometimes there are liquid blood samples that were taken. Preservation of those samples is essential to keep the potential of having the samples retested. Typically this request also needs to be made with 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 promises to begin using these calculations its important to have them prior to trial.
Qualifications of witnesses: Within this type of case there can be many expert witnesses called to testify through the Prosecution. These would come with breath test technicians, state toxicologists, expert DUI officers, etc. Knowing their qualifications, and experience prior to trial is essential.
In any notice of appearance for a criminal case its important to make these requests for evidence. However in drunk driving case its vitally important not to only use any notice of appearance but a specialized one drafted especially for the types of discovery involved with this area of law.
