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What Every DUI Attorney Should Include in Their Notice of Appearance
A notice of appearance is usually the very first document drunk driving attorney will file with the court and prosecutor allowing them to know they are the attorney of record and they represent the defendant. This typically document may be the first announcement from the lawyer in the case and possesses certain information.
In a standard criminal case the typical notice of appearance will have a request all discovery, including but not limited 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 area of DUI laws and defense. In each and every DUI case the next requests are necessary:
Training manuals: in a DUI case there are manuals for both the standardized field sobriety tests, and also the breath test operator manuals. Based on when the arresting officer took these courses the manuals they used may be diverse from what is currently available. 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 of the breath test machine: One of the items that is helpful for trial practice is pictures of the breath test machine and it is inner workings. Requesting these materials in the notice of appearance is a great way to obtain them and begin a preparation for trial.
Montgomery County PA DUI Attorney
Preservation of samples: Inside a DUI case sometimes there are liquid blood samples that were taken. Preservation of these samples is essential to maintain the potential of having the samples retested. Typically this request must also 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 promises to begin using these calculations its vital that you ask them to prior to trial.
Qualifications of witnesses: Within this kind of case there can 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 prior to trial is important.
In almost any notice of appearance for a criminal case its important to make these requests for evidence. In drunk driving case its extremely important not to just use any notice of appearance but a specialized one drafted especially for the kinds of discovery involved with this area of law.
