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What Every DUI Attorney Will include in Their Notice of Appearance
A notice of appearance is typically the very first document a DUI attorney will file with the court and prosecutor letting them know those are the attorney of record plus they represent the defendant. This typically document is the first announcement from the lawyer in the event and contains certain information.
In a standard criminal case the typical notice of appearance will contain a request for all discovery, including although not restricted to the police report, witness names and statements, audio or video recording, and then any other evidence the Prosecution promises to use against the defendant.
In a DUI case however a lot more specific requests are necessary to reflect the specialized section of DUI laws and defense. In every DUI case the next 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 different than what's currently out there. But requesting the manual that they were trained on, the DUI attorney includes a better feeling of their qualifications, and the any differences between the current and old.
Photographs of the breath test machine: Among the items which is useful for trial practice is pictures of the breath test machine and its inner workings. Requesting these materials in the notice of appearance is a great way to obtain them and start a preparation for trial.
Montgomery County DUI Attorney
Preservation of samples: In a DUI case sometimes there are liquid blood samples which were taken. Preservation of these samples is essential to keep the potential of having the samples retested. Typically this request also needs to be made 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 which are utilized in the situation. Specifically when its comes to retrograde extrapolation, and widmarks formula. When the Prosecution intends to use these calculations its vital that you have them prior to 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 prior to trial is essential.
In almost any notice of appearance for any criminal case its vital that you make these requests for evidence. However in a DUI case its vitally important not to just use any notice of appearance but a specialized one drafted specifically for the types of discovery involved with this area of law.
