VictorAustin790
What Every DUI Attorney Should 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 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 possesses certain information.
In a standard criminal case the normal notice of appearance will contain 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 promises to use from the defendant.
In a DUI case however much more specific requests need to be made to reflect the specialized section of DUI laws and defense. In every DUI case the following requests are necessary:
Training manuals: inside a DUI case you will find manuals for 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's 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 of the breath test machine: Among the items which is helpful for trial practice is pictures from the breath test machine and its inner workings. Requesting these materials within the notice of appearance is a superb way to obtain them and start a preparation for trial.
Preservation of samples: In a DUI case sometimes you will find liquid blood samples that were taken. Preservation of these samples is essential to maintain the potential of having the samples retested. Typically this request also needs to be produced using the State forensic toxicology laboratory that analyzed the blood in question.
Mathematical formulas: Often times in a DUI case there are specific mathematical formulas and calculations which are used in the case. Specifically when its comes to retrograde extrapolation, and widmarks formula. When the Prosecution promises to begin using these calculations its vital that you ask them to prior to trial.
Qualifications of witnesses: In this kind 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 almost any notice of appearance for any criminal case its vital that you make these requests for evidence. In a DUI case its extremely important to not just use any notice of appearance but a specialized one drafted especially for the kinds of discovery involved in this area of law.
