Form 172: Defending Dwi Charges

• Library: Criminal Law Forms (ABA) (2013 Ed.)

Form 172: Defending DWI Charges

Plead guilty? Nah, defend DWI charges! By Kenneth A. Vercammen

All too often, lawyers throw up their hands when a client presents a ticket involving drug possession, driving while suspended, DWI or assault. While defense of criminal court charges involving serious motor vehicle charges may become an involved process requiring commitment and persistence, there are a number of viable defenses and arguments that can achieve a successful result. Rather than simply suggest a client plead guilty and avoid trial, an attorney should accept the challenge and apply his best legal talents to protect the client's rights.

In-office interview

Potential clients should bring in a copy of the complaint, all their papers in connection with their case, accident report, and any documents they received from the Motor Vehicle Commission. Often, I instruct them to write a confidential narrative if it is a case that is fact-specific c or involves a great deal of detail, such as an assault case.

When the client is first in the office, he should fill out a confidential new criminal case interview sheet. This will allow you to obtain background information such as name, address, the offenses charged, date of the person's arrest, other witnesses, statements given to him by the police, his occupation and information regarding prior criminal convictions and prior motor vehicle convictions. Your interview sheet should also ask if there is anything else important, such as a medical condition that...