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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 a DUI attorney will file with the court and prosecutor letting them know those are the attorney of record plus they represent the defendant. Typically this document may be the first announcement from the lawyer in the event and possesses certain information.
Inside a standard criminal case the typical notice of appearance will contain a request for all discovery, including but not restricted 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 a lot more specific requests are necessary to mirror the specialized section of DUI laws and defense. In each and 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 once the arresting officer took these courses the manuals they used may be different than what's 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: Among the items that is useful for trial practice is pictures of the breath test machine and it is inner workings. Requesting these materials within the notice of appearance is a superb method to obtain them and start a preparation for trial.
Preservation of samples: In a DUI case sometimes you will find blood samples that were taken. Preservation of those samples is essential to keep the potential of getting the samples retested. Typically this request also needs to be made using the State forensic toxicology laboratory that analyzed the blood under consideration.
Mathematical formulas: Quite often inside 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 intends to use these calculations its vital that you have them in advance of trial.
Qualifications of witnesses: In this kind of case there might 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 just before trial is important.
In any notice of appearance for any criminal case its vital that you make these requests for evidence. However in a DUI case its vitally important not to just use any notice of appearance but a specialized one drafted specifically for the types of discovery involved in this area of law.
