What Every DUI Attorney Should Include within their Notice of Appearance
A notice of appearance is typically the very first document a DUI attorney will file to the court and prosecutor allowing them to know those are the attorney of record and they represent the defendant. This typically document is the first announcement from the lawyer in the event and contains certain information.
Inside a standard criminal case the normal notice of appearance will contain a request for all discovery, including although not restricted to law enforcement report, witness names and statements, audio or video recording, and then any other evidence the Prosecution promises to use from the defendant.
Inside 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 following requests are necessary:
Training manuals: in a DUI case you will find manuals for both the standardized field sobriety tests, and the breath test operator manuals. Based 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 also the any differences between the current and old.
Photographs of the breath test machine: One of the items that 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 great method to obtain them and begin a preparation for trial.
Preservation of samples: In a DUI case sometimes there are liquid blood samples which were taken. Preservation of those samples is important to maintain the potential of having the samples retested. Typically this request also needs to be made with the State forensic toxicology laboratory that analyzed the blood under consideration.
Mathematical formulas: Often times inside a DUI case there are certain mathematical formulas and calculations which are used in the case. Specifically when its involves retrograde extrapolation, and widmarks formula. When the Prosecution promises to begin using these calculations its important to have them prior to trial.
Qualifications of witnesses: Within this type of case there can be many expert witnesses called to testify through the Prosecution. These would come with 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 a 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 specifically for the types of discovery involved with el born area of law.