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What Every DUI Attorney Will include within their Notice of Appearance

A notice of appearance is usually the very first document a DUI attorney will file to the court and prosecutor letting them know those are the attorney of record and they represent the defendant. This typically document may be the first announcement from the lawyer in the event and contains certain information.

Inside a standard criminal case the typical notice of appearance will have a request for all discovery, including but not limited to the police report, witness names and statements, audio or video recording, and any other evidence the Prosecution intends to use against the defendant.

In a DUI case however much more specific requests need to be made to mirror the specialized area of DUI laws and defense. In every DUI case the next 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. Depending on when the arresting officer took these courses the manuals they used might be diverse from 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 also the any differences between the current and old.

Photographs from the breath test machine: Among the items that is useful 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 superb way to obtain them and begin a preparation for trial.

Montgomery County PA DUI Attorney

Preservation of samples: In a DUI case sometimes you will find blood samples that were taken. Preservation of those samples is important to keep the possibility of having the samples retested. Typically this request also needs to be produced using the State forensic toxicology laboratory that analyzed the blood under consideration.

Mathematical formulas: Quite often in a DUI case there are specific mathematical formulas and calculations which are utilized in the case. Specifically when its involves retrograde extrapolation, and widmarks formula. When the Prosecution intends to use these calculations its important to ask them to prior to trial.

Qualifications of witnesses: Within this kind of case there might be many expert witnesses called to testify through the Prosecution. These would include breath test technicians, state toxicologists, expert DUI officers, etc. Knowing their qualifications, and experience just before 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 extremely important to not only use any notice of appearance but a specialized one drafted especially for the kinds of discovery involved in this area of law.