Legal Question in DUI Law in New York

Re: DWI Defense

Does it matter? It is unlikely your case is going to get any worse with time and time tends to work against the prosecution. Further, if he is asking for things they aren't giving him under the statute, then he ought to do an omnibus motion. You can gain a lot through the use of an Omnibus motion, such as dismissal, preclusion or suppression of evidence, admissions and other useful pieces of information.

In all your question smells of someone who doesn't trust their lawyer. Here are a few words of advice from a criminal laywer:

1. Your friends and family have no idea what they are talking about unless they are attorneys themselves and practice criminal defense. Even then, if they don't know your case they don't know anything useful to you.

2. Unless your counsel is acting in an unethical manner, he is probably doing a good job for you. (Making 3 demands for discovery and an omnibus motion at least tells me he is working on the case.)

3. If he cannot return every call it is because he either has nothing to say that is different than the last time he communicated with you, or he is very busy on another matter which precludes his talking to you. IF you have called more than 3 times without a return call intervening, make an appointment and go and see him.

When you call him or go see him, pre write your questions and email him a copy so he can focus on your issues, Do not call or make an appointment to discuss: How my case is going; When your next court date is (you can usually get thet on the computer or speak to a secretary about it); or any other inane question. Do not keep asking the same question, it makes him feel like your not listening to him.

4. A well paid lawyer is often a happy lawyer. Hence keep your lawyer Happy and he will work hard to keep you happy. Otherwise do not be suprised when he works harder on the case of someone else who makes your lawyers happiness his business.

Good luck.