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I have hired an Attorney for my 2nd DUI in CT. The fees are $300 p/h.

Hartford, CT |

However I am being asked to schedule a hearing w/DMV on my own and also to get the police report for review so that it can be determined by the attorney if it is worthwhile to go for the hearing. I don't know where and how to obtain the report. Is this normal for attorney's to request a client to do?

Attorney Answers 6

  1. Best answer

    For starters, you will not be able to get a copy of the police report, only your attorney can from the state's attorneys office after he/she files an appearance. Police reports generated as part of a criminal investigation typically do not get released to anyone even under the Freedon of Information Act. I would sit down with your attorney and clearly delineate what his/her role will be as well as the fact that you may or may not have an unlimited budget. An hourly rate would provide no incentive for a quick resolution of your case.

  2. Depends. If he is giving you the chance to do it to save yourself money than that is fine, but he should also offer to both of those things for you. Many CT attorneys quote flat fee prices for criminal cases just so these types of problems can be avoided. Best thing to do is ask the attorney. You have to trust the person you are using.

    This is not intended to create an attorney-client relationship. It is absolutely NOT legal advice that you should rely upon when making a decision. It is general information about the law in Connecticut. You need to consult with an attorney who will ask you all the facts necessary to give you specific legal advice for your situation.

  3. It depends upon what your understanding was. If you have the attorney pull the report, prepare for the hearing, do the hearing, it will add more hours.

    If you gave your attorney an UNLIMITED budget at $300 p/h, I don't see why he is splitting the responsibility.

    If you gave him a budget target, then he is offloading or limiting his responsibility so that he can come in under your budget target.

    Did you give him an UNLIMITED BUDGET?

    Did you ask him to handle the DMV hearing?

    Did he refuse? or is it "bugetary?"

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  4. Sit down with your attorney and ask these questions and raise these concerns. Make sure you have an open line of communication with him/her. I will venture a guess that he/she thought that would save you some otherwise billable time, or than he/she is representing you on the CRIMINAL case only and not the ADMINISTRATIVE part of the case. Clear this up ASAP.

    I am trying to give you a general answer to your question. We do not have an attorney-client relationship by this response on the avvo website. I have not been retained to represent you. I am licensed to practice law in Kentucky and in federal court in this state and the Southern District of Indiana. You need to seek legal advice from an attorney licensed to practice in your area..

  5. The criminal (court) penalties and the administrative (DMV) penalties are completely separate processes and many lawyers will not automatically get involved in the DMV hearing. One has a jail potential (court) and one can only have a license suspension consequence (DMV). I would say it is not unheard of to have the client go pick up a copy of the police report. Often you can get the police report from the DMV even before your lawyer and you make the first court appearance. Just go down to the DMV office on the letter they sent you and the cost of obtaining the report is $5. From there you can sit down with your lawyer and see if it is worth the time and expense of actually conducting the hearing.

    Attorney Mark D. Colson
    Colson Law Firm, LLC
    40 Russ Street
    Hartford, CT 06106
    860.263.0055 - Tel
    860.838.2822 - Fax

  6. I believe the report your attorney is referring to is the A-44 form. This form is typically admitted as an exhibit in an administrative per se hearing held before a Department of Motor Vehicles hearing officer. In most cases the prosecutor will have the A-44 in his file and will produce it to your attorney. However, if you have received notice of a license suspension from the DMV pay close attention to the date by which you have to request a hearing. If you do not request a hearing by that date you will waive your right to an administrative hearing. Follow the instructions on the paperwork to request a hearing.

    DUI cases involve two distinct forums: court and DMV. Sometimes the DMV hearing will pre-date your court date, especially if your attorney has requested a continuance from your initial appearance date. You can obtain the necessary reports two ways: first, from the DMV in Weathersfield at the administrative per se unit. They will not fax or mail the reports to you. You must appear in person; second, you can go to the court and file a pro se appearance with the clerk and prosecutor and get the reports as discovery. If you take this route make sure the reports contain the A-44 form, most important. I suspect that your attorney is tasking you with this responsibility in order to save money. But you really need to discuss this with him/her if you don't fully understand the scope of his/her representation.

    This answer must be construed as commenting on general legal principles only. No attorney client relationship results. Please consult a qualified attorney to review the facts of your case.

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