Defense of a charge of driving while intoxicated is extremely fact sensitive. After you have retained my legal services I will be conducting an extensive interview of you in my office or at the Municipal Court after the first case management hearing. The list below provides a summary of some of the information I will obtain from you when you retain my legal services. While it may appear irrelevant, there may be some fact or circumstance that could ultimately help you in defense of your case. This exchange of information will be protected by the attorney-client privilege – it is confidential.
- Do not discuss your case with anyone else. Initially some people have a tendency to “share” their misery, and to confide in many people. Keep it to yourself. You will appreciate his advice as time goes on; the less people who associate you with this event the better for you.
- Provide your full name, address and all telephone numbers. If you use a fax or email address provide those. Also, provide me a copy of all tickets issued against you.
- Which Police Department stopped you? Provide the name of the town, or State Police, or College Police and the Officer’s badge number from the summons you received.
- Detail where you were during the 24-hour period prior to your arrest.
- Provide your height, weight, age, medical conditions, medications, recent illness and injuries. Diabetes, gastric bypass surgery, neurological conditions, nystagmus and other conditions can create “false positives’ for DWI arrests. I will need a comprehensive medical history from you.
- Describe the events from the last time you entered a vehicle until you saw the flashing police lights or police officers. Where were you immediately before entering the vehicle, did you drive the car, if so from where to where. Was anyone in your car with you or traveling with you, but in another vehicle? What route did you take from the last time you entered the car until you were stopped.
- Describe the weather conditions, road conditions, lighting and traffic along the route.
- What did the police say to you when they stopped you. Did they tell you why they stopped you? Did they question you? Did they ask you to exit the car? Do you recall exiting your vehicle – did you walk to the front or back of your car, how long did you stand in one place, what were the weather conditions and road conditions at that point.
- What did you say to the police?
- Did the police find any alcohol bottles, drugs, containers or other such evidence on you or in your car? Do you have prescriptions for any drugs that were found on you, in you or in the car?
- Did you perform “Field Sobriety Tests”, that is were you asked to observe the movement of a pen, small flashlight or other moving object with your eyes only; walk a certain distance with heel to toe and turn, one leg stand, recite the alphabet or any other tests? If so, describe to the best of your recollection the instructions given to you by the police, what you did, and how you performed the test.
- Did the officer request you perform a breath test? If so, were you charged with refusal? If so, what exactly did you say to the police when they asked you to take the alcohol test. If you were not charged with refusal, how long after you were pulled over did the police ask you to perform the breath test? Do you know your reading?
- Did the police advise you as to whether a video and/or audio tape was recording the stop?
- Did the police question you during transport to the Police Station? Detail what was said. Were you read your Miranda Warnings and, if so, when? Where were you and who read those rights to you?
- Were there any witnesses to the incident and your arrest?
- Did the police advise you of your right to take an independent test?
- Did you ask for an attorney at any time? Did you tell anyone you wanted to speak with an attorney? Did you ask to remain silent?
- What alcoholic beverages did you consume during the 24 hours prior to your stop?
Of course, we will obtain much information through discovery, the process where we are entitled to see police reports, videos, alcotest records and more. We have an extensive discovery demand form. However, we also request as much information as you can provide.
Please call Jay Weinberg to discuss your case, additional information we will need and to retain our law firm to defend you against these serious charges.