DUI - Tucson Lawyers Charnesky & Dieglio
How we go about our business sets us apart. At Charnesky & Dieglio, starting with our request for discovery, and all the way through trial preparation, we do the little things that can make a big difference in your case.
In every case we file a discovery request. Some attorneys never file a discovery request, instead simply taking the materials prosecutors disclose to them at face value. We are never satisfied with the "base" disclosure the State provides us. We always request and receive additional materials. Some attorneys never check an officer's HGN logs. We request them in every case a HGN test was done. We never take it for granted that an officer's logs are in order.
Similarly, we are never satisfied with the limited reports prosecutors provide us regarding the chemical testing done in a case. Prosecutors give records of one month prior and one month after the breath test. We always ask for a minimum of 6 months of breath testing quality assurance records prior to the date of the arrest, and at least several months after the test.
In blood cases, we always ask for the complete lab report including all chromatograms, calibrators, controls, diagnostic runs and analysts' notes, as well as maintenance records for the device. We never assume that your breath or blood was tested correctly. We examine all of these records looking for any advantage we can find in a case.
The rules of criminal procedure permit us to interview all of the State's witnesses prior to trial. Some attorneys don't bother. Simply put, it's our opinion that this is an opportunity defense attorneys should never pass up. You never know what a witness will say unless you ask. And, as the old saying goes, you should never ask a question at trial unless you know the answer.
Motion Practice - Making Motions Count
Success or failure in your case often is directly related to the quality and aggressiveness of a firm's motion practice. This is particularly true in DUI litigation. The quantity of motions filed does not always equal a quality motion practice. We have heard some judges comment about the same "six pack" of stock motions filed by some firms in every case.
While there are always some motions that can be filed regardless of the particulars of a case, the plain fact is no two cases are the same, and "form" motions filed with no regard for the facts of the case, more often than not, lack merit. In our opinion, our clients do not benefit if judges, prior to even hearing the motions, have a pre-conceived idea that the motions lack merit.
We believe our clients have a better chance of having their motions granted if the courts understand our motions are real fact driven motions. We therefore do not file "six packs" of form motions. Instead, we aggressively file real substantive motions. This type of motion practice, while more labor intensive, is more effective.
Lastly, throughout our years of practice we have seen literally countless different fact patterns and issues. We have written hundreds of motions on various issues and topics. We continue to write motions to address facts and issues as they arise. Simply stated, there is no way form motions can adequately address all of the real factually driven issues we find in our cases. One of the advantages of retaining our firm is that we will address all of your issues, not just the ones in a stack of pre-prepared stock motions.