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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 letting them know they are the attorney of record plus they represent the defendant. This typically document may be the first announcement of the lawyer in the event and possesses certain information.

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

In a DUI case however a lot more specific requests need to be made to reflect the specialized area of DUI laws and defense. In every DUI case the following requests need to be made:

Training manuals: in a DUI case there are manuals for the standardized field sobriety tests, and also the breath test operator manuals. Based on once 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 from 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 in the notice of appearance is a superb way to obtain them and begin a preparation for trial.

Montgomery County PA DUI Attorney

Preservation of samples: In a DUI case sometimes there are blood samples that were taken. Preservation of those samples is important to keep the possibility of having the samples retested. This typically request must also be made with the State forensic toxicology laboratory that analyzed the blood under consideration.

Mathematical formulas: Often times 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 intends to begin using these calculations its important to have them prior to trial.

Qualifications of witnesses: Within 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 almost any notice of appearance for a criminal case its vital that you make these requests for evidence. However in drunk driving case its extremely important to not just use any notice of appearance but a specialized one drafted especially for the kinds of discovery involved with el born area of law.