How to prepare for an oui trial
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This document provides guidance on preparing for an OUI trial. It emphasizes the importance of organization and preparation, including creating a trial notebook with sections for documents like the police report, breath test results, medical records, motions, and outlines for openings, closings, and cross-examinations. Other tips include conducting a site visit, preparing witnesses, analyzing booking videos, and writing a trial analysis letter for the client. Thorough preparation is key to building credibility and familiarizing yourself with the facts and strategy for the case.
How to prepare for an oui trial
- 1. How to Prepare for an OUI Trial By Russell J. Matson, Esq.http://madrunkdrivingdefense.com
- 2. Why is Preparation Important?Client Control Credibility (ADA, police officer, judge) Memorize the facts of the caseUse of client questionareSite visit Trial analysis letter
- 3. Organization is Key: The Trial NotebookSectionalizeRunning SheetPolice ReportBreath Test Documents Medical RecordsDiscovery MotionsEvidentiary MotionsMotions in LimineOpening StatementCross-ExaminationClosing Argument SentencingPost Trial Motions
- 4. Running Sheet First page of the trial file Client contact informationCourt informationNext court dateExplanation of what was done on last dateJudge(s) present at next court date
- 5. Breath Test Documents Police report will be the main source of information on the arrest and will be reviewed by arresting officer before trial Look for breath test information in the police report: BAC level and paperwork from the machineRefusalChemical Test Refusal Hearing – 15 days from date of refusal at the Registry of Motor VehiclesLimited to 3 issues:1) reasonable grounds to arrest; 2) there was no arrest;3) there was no breath test refusal (most common)
- 6. Medical RecordsIf applicable, medical records can be very helpful to a caseGet HIPPA release signed ASAP so you can evaluate the recordsRecords can help challenge reliability of field sobriety tests
- 7. Motions Discovery MotionsEvidentiary MotionsMotions to Suppress StatementsMotions to Suppress StopMotions in Limine
- 8. Cross-ExaminationCross-ExaminationStart with standard cross-examination issues/methodsBefore trial, cut out the parts that do not applyHelps you go over how to question each witness
- 9. Opening and Closing Statements Prior to trial, make bullet point outlines of openings and closingsHelps familiarize with facts/theme of the caseGives you a reference guide during trialEven if you don’t use them at trial, they will help you stay organized before and during the trialWriting out outlines can encourage you to use canned openings/closings/metaphors that you normally would not use
- 10. Sentencing and Prior Offenses Prior offenses: Run the clients RMV record to check for prior offensesClient information needed: SS #, DOB, License # $6.00 to run a record In pretrial conference, request copy of the prior(s) Ways to challenge prior offensesNon-compliance with pretrial conference report/discoveryBiological information: “It’s not my client” Certified copiesMotion To Reinstate License
- 11. The Site Visit When?ASAP to make clients happyCloser in time= more reliableWhy?Doesn’t take a long timeMore productive talk with the client while conducting site visit Record and TranscribeTake photographs of the scene
- 12. Site Visit PhotographsTake Photos while on the visit Photos can challenge FST conditionsMake you appear to know the case inside and outUse the photos at trial Give 4’ X 6’ photo to ADA as part of reciprocal discoverySubmit 8’ X 10’ into evidence at trial Use Shutterfly.comSmall photos very cheap - $0.25 Larger are $4.00
- 13. Field Sobriety TestsTesting ManualCan request at: Massachusetts State Police Training, 31 Macarthur Ave, Devens MA, 01434-4443 Motion required for state policeMotion not required for municipal police Conditions of roadwayReliabilityNo valid comparison point Driver disqualifying conditions
- 14. Booking Video Find out ASAP if there is a booking videoCan request it from ADA at arraignment or pretrial conferenceWatch and discuss it with the clientFormulate your own opinion regarding the client’s behaviorHave someone else in the office watch and evaluate the client’s behaviorAllow opportunity for the client to watch the video Transcribe it Helps you analyze the strength of the caseFamiliarizes you with everything that was said/done during bookingSeek to admit certain portions of the video
- 15. How Much Time Does it Take to Prepare? Once you have the process down, the preparation doesn’t take a ton of time (if you do it right) Bar Advocates…
- 16. Trial Analysis Letter Why write a trial analysis letter? Client confidenceFacts of the caseGeneral trial procedureSend to client 2 weeks before trial Reaffirms theory of the caseOrganizes the factsHelps commit facts to memory Analysis of sentencing issues/ license loss issues
- 17. Witness Preparation Meet with potential witnesses prior to trial Mock direct examinationMock cross-examinationUse other attorneys in the office to play the mean prosecutor (this can lead to fun office battles and the opportunity to beat on people!) Helps you determine if they will be a good witness at trial Helps ease the anxiety of the witness before taking the standAnswer their questionsGo over the trial procedure and the trial strategy Shows the client you are working on/preparing for their case
- 18. Trial versus PleaYou should have an idea about which way you may go by knowing your clients recordRunning the RMV record before the pretrial date is good policyAvoids rush of having to do so at the courthouse, or being unsure when discussing the case with the ADA Discuss both options with the client well before the trial date Deciding factor tends to be the license loss consequences Consider differences between 1st, 2nd, 3rd, etc. offenses and the corresponding license loss consequencesAvoid guilty verdicts on ancillary chargesEx: Negligent Operation, Leaving the SceneConvictions on these carry mandatory license losses
- 19. The Trial Organization and preparation are keyBe pleasant – to witnesses, ADA, judgeDon’t be afraid to work outside your prepared opening, closing, cross-examinationOpening/closing strategies won’t be used unless you write them out/practice themGood to have opening and closing notes at the trial even if you don’t use them
- 20. Creating and Maintaining Positive Rapport Continuous client contactIf responsive to client calls, there ends up being less contact in the long run and the conversations you have are more productive Modern-Day contactPhoneEmail Text Taking calls, discussing the case and other life hardships, makes happy clients!