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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 to the court and prosecutor allowing them to know they are the attorney of record and they represent the defendant. Typically this document may be the first announcement from the lawyer in the event and possesses certain information.
In a standard criminal case the normal 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 against the defendant.
Inside a DUI case however a lot more specific requests are necessary to mirror the specialized area of DUI laws and defense. In each and every DUI case the following requests need to be made:
Training manuals: inside a DUI case there are manuals for both 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 different than 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 your 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 it is inner workings. Requesting these materials within 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: In a DUI case sometimes there are liquid blood samples which were taken. Preservation of these samples is essential 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 inside a DUI case there are specific mathematical formulas and calculations that are utilized in the situation. Specifically when its involves retrograde extrapolation, and widmarks formula. If the Prosecution intends to begin using these calculations its important to 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 prior to trial is essential.
In almost any notice of appearance for a criminal case its important to make these requests for evidence. However in a DUI case its vitally important not to only use any notice of appearance but a specialized one drafted specifically for the kinds of discovery involved in el born area of law.
