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What Every DUI Attorney Should Include in Their Notice of Appearance
A notice of appearance is typically the first document a DUI attorney will file with the court and prosecutor allowing them to know they are the attorney of record plus they represent the defendant. This typically document is the first announcement from the lawyer in the event and possesses certain information.
In a standard criminal case the normal notice of appearance will contain a request all discovery, including although not restricted to the police report, witness names and statements, audio or video recording, and any other evidence the Prosecution intends to use against the defendant.
Inside 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 are necessary:
Training manuals: inside a DUI case you will find manuals for both the standardized field sobriety tests, and the breath test operator manuals. Depending on once the arresting officer took these courses the manuals they used may be diverse from what is currently out there. But requesting the manual that they were trained on, the DUI attorney has a better feeling of their qualifications, and also the any differences between the current and old.
Photographs from the breath test machine: One of the items that is useful 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.
Preservation of samples: Inside a DUI case sometimes there are liquid blood samples that were taken. Preservation of those samples is essential to maintain the possibility of getting the samples retested. Typically this request must also be produced using the State forensic toxicology laboratory that analyzed the blood in question.
Mathematical formulas: Quite often in a DUI case there are specific mathematical formulas and calculations that are used in the situation. Specifically when its involves retrograde extrapolation, and widmarks formula. When the Prosecution promises to use 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 include breath test technicians, state toxicologists, expert DUI officers, etc. Knowing their qualifications, and experience just before trial is important.
In any notice of appearance for any criminal case its important to make these requests for evidence. However in drunk driving case its extremely important to not only use any notice of appearance but a specialized one drafted specifically for the types of discovery involved in el born area of law.
