Section 3.30 Advising the DWI Client

• Library: Criminal Practice 2012 Supp

C. (§3.30) Advising the DWI Client

When counsel has the opportunity to meet the client in the more businesslike atmosphere of the office, a special initial interview form (DWI cases—§3.37, infra) should be used to get full information about the client, in the client’s own handwriting if possible. The following information should be obtained:

Full name

Address

Length of time at that address

Phone number

Age

Date of birth

Place of birth

Social Security number

Marital status

Date of marriage

Number of dependents

Prior addresses

Job information and history

Expected result

Names of any referring persons

Counsel should make a copy of the client’s driver’s license so counsel can write to the Missouri Department of Revenue and get a certified copy of the client’s driving record (all traffic cases—not just DWI).

Counsel should get the client’s recollection of prior traffic stops, arrests, charges, pleas, and trials (dates and convictions are most important).

Counsel should find out the kind of car the defendant was driving and the defendant’s familiarity with its operation. The kind of transmission should be recorded. Operating a manual stick shift requires more manual dexterity and motor skills than...