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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 drunk driving attorney will file with the court and prosecutor letting them know those are the attorney of record and they represent the defendant. This typically document is the first announcement from the lawyer in the case and possesses certain information.

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

Inside a DUI case however a lot more specific requests are necessary to mirror the specialized area of DUI laws and defense. In every DUI case the next requests are necessary:

Training manuals: inside a DUI case there are 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 is currently out there. But requesting the manual which they were trained on, the DUI attorney has a better sense of their qualifications, and the any differences between your 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 its inner workings. Requesting these materials in the notice of appearance is a great method to obtain them and begin a preparation for trial.

Montgomery County DUI Attorney

Preservation of samples: Inside a DUI case sometimes you will find blood samples which were taken. Preservation of these samples is important to keep the possibility of getting the samples retested. This typically request also needs to be produced with the State forensic toxicology laboratory that analyzed the blood in question.

Mathematical formulas: Often times inside a DUI case there are certain mathematical formulas and calculations which are used in the situation. Specifically when its comes to retrograde extrapolation, and widmarks formula. If the Prosecution promises to use these calculations its important to have them prior to trial.

Qualifications of witnesses: Within this kind 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 important.

In any notice of appearance for a criminal case its vital that you make these requests for evidence. In a DUI case its extremely important not to just use any notice of appearance but a specialized one drafted especially for the types of discovery involved in this area of law.