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Should Someone Note Possible Witnesses Who Might Be Willing To Testify?

Practically everyone has a cell phone with a camera in this day and age, so it does not hurt to record video. This does not necessarily mean it would be something that was used or that it would be something that would have to be turned in to the prosecutor or the officer, but if possible it would be fantastic if the person or someone who was with them could record video. It is not necessary to gather witnesses for a DUI, but if there were witnesses available or if there was a passenger in the vehicle, then it would be a good idea to take note if that little information.

I often recommend my clients and any witnesses or passengers to write their version of the police report, meaning that soon after the incident took place they should write in an email everything they remembered, what they said to the officer, how the officer responded, and anything they can recall about the incident while it is still fresh in their memory. The person should also have their witnesses or passengers, if any, do the same, and email it to them so that there is a timestamp.

It sometimes takes months for these cases to proceed through the system, so when it comes to trial, then a lot of times the prosecutor will try and impeach the person’s memory because so much time had passed. If the person has an account of that day in writing, it would take away the possibility of the prosecutor arguing that the person did not really remember what happened or that they were just trying to fill in the blanks in order to best assist the case.

What Would Be A Good Way To Get A Witness To Help Testify?

An attorney can talk to witnesses. People I meet for a free consultation occasionally bring in their witnesses. It would be a rare situation for a witness to actually need to come into court to testify, although it would be good to know there was a witness out there and what they might have to say.

I ask some witnesses to write a notarized statement which can be presented to the prosecutor, so the prosecutor could see what the witness would testify to if the case were to go to trial. This is sometimes helpful enough to the point that the attorney would be able to negotiate a plea agreement and save their client from the hassle of going to trial and coming into court to testify. It never hurts to have a witness write down statements, either notarized or not, and it does not hurt to have the client do the same.

However, because of our obligation as attorneys, while I would recommend that someone write their own version of a police report and email it to themselves, I do not necessarily think they should automatically email it to the attorney unless the attorney had asked them to do so. It would be okay for clients to write it up and let the attorney know they have done so, but they should wait for the attorney to tell them to forward that email to them, because what is written in it might not be something the attorney would want to know that could harm the case.

Will A Cooperative And Willing Witness Still Get Subpoenaed?

It tends to take a while before a trial takes place and it is always up to the client to decide whether they actually want to go to trial. It isn’t necessary to subpoena a friendly witness, but nonetheless it would usually be a good idea to do so. It would be possible to force someone who was reluctant to testify to come to court by way of a subpoena.

As an attorney, I do what is in the best interest of my client but there might be some conflict. A client might not necessarily want to subpoena a friend because he would not want to bother or annoy them. I often have to discuss with my clients whether or not a witness should be subpoenaed, or if they should just hope they showed up or if we should find some alternative to having that friend or witness show up to testify, such as getting a written statement.

For more information on Witness Testimonials, a free initial consultation is your next best step. Get the information and legal answers you’re seeking by calling 480-900-0384 today.

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Brian Douglas Sloan


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Why DUI Attorney Brian Douglas Sloan?


19+ Years SOLELY Focused on DUI Defense


4,200+ DUIs Successfully Defended

Top Accolades

  • Only DUI "Power Lawyer" in the Nation Featured in USA Today, 2022

  • Top 10 in Arizona

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“I am one of only a handful of Phoenix DUI Lawyers that focuses solely on DUI Defense representation.”

I have spent my entire career SOLELY focused on Arizona DUI Defense Representation, having personally defended more than 4,400 Driving Under the Influence (DUI) clients in the past 19+ years.

If you’re looking for a Divorce Attorney, Tax Attorney, Civil Attorney, etc., I can comfortably say, "I’m not the one for you." I ONLY defend DUI cases in most of Maricopa County, Arizona.

Coming up with traditional, as well as outside-the-box motions and defenses for my clients, often with good results, is the hallmark of my practice.

Lawyers that say they are "aggressive" or "will fight for you" are a dime a dozen. They use these phrases because it is a proven advertising phrase. Being "aggressive" isn’t the same as being good, and is often used to put on a show to hide the fact that they aren’t doing anything meaningful for the client.

The same is true for the Lawyers claiming to do DUI Defense, and Criminal Cases, and Accident Cases, and Divorces, etc. A Jack-of-all-Trades is a master of none! By handling all sorts of cases, they take away from their ability to truly focus on DUIs, and keep up-to-date on the latest changes in DUI Defense Representation.

What I offer is intelligent, quality DUI Defense at an exceptional price. Unlike many other law firms, if you hire The Law Offices of Brian D. Sloan, you actually get me representing you, doing all the work, and working the case. You aren’t hiring one guy with all the experience, but getting the underling with very little knowledge or experience.

I work seven days a week on my client’s cases, and spend hours laying all my thoughts out for my clients in writing, so they can understand their options, and my recommendations. No other DUI Lawyer in the state does this. I try to do what I can to go above-and-beyond for my clients. I hate when the businesses I deal with nickel-and-dime me with hidden costs, and I take pride in not doing that to my clients.

I have not only taught other lawyers how to do DUI Defense Representation at statewide seminars, but I have produced DUI Legal Guides used by defense lawyers across Arizona.

I am one of Arizona's most award-winning DUI Defense Lawyers, as well as being recognized nationally. I was the only DUI Defense Lawyer in the United States named a "Power Lawyer" in a 2022 issue of USA Today

There are no other private Lawyers in Arizona that have personally defended more DUI cases than I have. And as a bonus, I offer a very reasonable flat rate for my legal services, with a payment plan, and without any hidden charges. This guarantees that I offer some of the most competitive rates among all Arizona DUI Attorneys, while being a well-documented and preeminent leader in the field of DUI Defense Representation.

Over the years, countless people have come to me after discovering that their first lawyer made a mistake, gave them false hope or false promises, or simply took their money and didn't do much to advance their case. And you would be surprised at how often this happens.

So, instead of wasting time and money on the wrong DUI Defense Attorney, do yourself a favor and get the proven and well-recognized best DUI Lawyer in Phoenix and the surrounding areas of Maricopa County.

You can reach me on my personal cell phone at 480-720-7839 for a Free ‘In Depth’ Consultation.

I personally defend DUI cases in urban Maricopa County City, Town, and Justice Courts, including:

Ahwatukee / Agua Fria / Arcadia Biltmore / Avondale / Buckeye / Chandler / Country Meadows / Desert Ridge / Dreamy Draw / Downtown / East Mesa / El Centro / Encanto / Gilbert / Glendale / Goodyear / Guadalupe / Highland / Kyrene / Litchfield Park / Maryvale / McDowell Mountain / Mesa / Moon Valley / North Mesa / Peoria / Phoenix / Queen Creek / San Marcos / San Tan / South Mountain / Scottsdale / Tempe / University Lakes / West McDowell / West Mesa / White Tank

For any other Courts in the State of Arizona, including Felony cases, I would recommend my associates on The Arizona DUI Team, whom I work closely with, but I am not the one personally representing the client.

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Brian Douglas Sloan

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