| A drunk driving case is a very evidence-intensive | | | | offense report (and accident report, if any), I get the |
| undertaking whether or not there was a breath or | | | | names and phone numbers of any eyewitnesses. I |
| blood test. In a typical DWI case you will have at least | | | | give this information to my investigator and he |
| two offense reports, three if there was an accident | | | | conducts interviews with all witnesses and potential |
| involved. There will be documents bearing statutory | | | | witnesses and prepares a report based on his |
| warnings. Most likely there will be a videotape of your | | | | interviews. In cases involving accidents, I have even |
| client at the scene or at the station. | | | | had him speak with the other driver to find out how |
| Throw a breath test into the mix and now you have | | | | the accident occurred. |
| affidavits, breath test slips and maintenance records. | | | | By delegating these tasks to my investigator I create a |
| As an attorney defending a DWI case, you will | | | | potential impeachment witness should any of the |
| information from your client, the scene of the stop and | | | | interviewees change their story on the witness stand. |
| from any witnesses or potential witnesses. You will | | | | Were I to conduct the interviews, I would only be able |
| also need to serve subpoenas on the officers involved | | | | to challenge the revised story through cross |
| for a license suspension hearing. | | | | examination. |
| The sheer volume of material can be overwhelming | | | | Serving subpoenas. In the administrative license |
| for any one attorney. In my practice I use a private | | | | revocation process, attorneys are responsible for |
| investigator to do much of the legwork. Here are three | | | | serving their own subpoenas to the officers involved in |
| ways in which a private investigator can make your | | | | the stop. An experienced investigator who is familiar |
| life easier when defending a drunk driving case. | | | | with the rules and customs of area law enforcement |
| Visiting the scene. Once I have reviewed the offense | | | | agencies is a must-have in a DWI case. In many cases |
| report and watched the video in a new DWI case, I | | | | I will issue subpoenas without going through the court |
| call up my investigator and send him to the scene to | | | | as a tactical decision. I have my investigator serve |
| take photographs of the road, sidewalk, parking lot and | | | | these requests for documents as well. I prefer to do |
| surroundings. He takes a 48-inch level and a yardstick | | | | as much of my case preparation "under the radar" as I |
| to check elevations. He will visit the scene near the | | | | can. |
| time of the stop to check conditions as they were at | | | | The benefit of using an investigator is not confined to |
| the time of the arrest and he will visit during daylight to | | | | drunk driving cases, I have used my investigator on |
| check the elevations. | | | | assault cases as well as narcotics cases involving |
| My investigator then becomes a fact witness and can | | | | vehicle stops. Having a second set of eyes provides |
| testify to the conditions at the scene. He can testify as | | | | me with more time for case preparation and life |
| to whether the field sobriety exercises were | | | | outside the office. |
| administered on a hard, level surface per the NHTSA | | | | If you've been wrongly arrested for DWI, you need an |
| Manual. | | | | experienced DWI attorney to defend your rights and |
| Interviewing witnesses. During my initial interview, I get | | | | restore your reputation. Contact Houston DWI |
| the names and phone numbers of the people whom | | | | Attorney Paul B. Kennedy for more information and a |
| my client was with the day of the arrest. From the | | | | free consultation. |