I love practicing law in an area filled with many colleges and universities. Ithaca, NY has Ithaca College and Cornell University and my practice focuses on DWI defense within 50 square miles of Ithaca. Over the years I have represented many students and professors who attended SUNY Binghamton, SUNY Cortland, University of Buffalo, Keuka College, TC3, New York Chiropractic College, Syracuse University, etc. The Finger Lakes region also draws people from all over the country for college events and games, recreational activities, and conferences.
In my view, higher education and drinking seem to go together like spaghetti and meatballs. Like it or not people like to drink. I enjoy drinking. There is no law against drinking and driving in New York State just driving while impaired or intoxicated. College can be stressful because I believe that thinking is the hardest work there is. Writing voluminous papers (often expounding on dry topics), reading (often confusing and difficult material), and taking exams (that play with your mind) is not always fun times.
Alcohol is the most common, legal, and socially acceptable drug we have. Some of my best college memories involved sharing a drink with my friends and fraternity brothers. After having been through many years of college between my undergraduate B.S. in Human Biology, my Chiropractic education, and then law school I have seen the use and misuse of drugs and alcohol. Mr. Mackie may say „drugs are baddd,” but I do not believe that legal drugs (ie. alcohol) are bad. They have their place, much like everything else.
I have had a lot of very smart clients. Some of these people have Masters degrees, and Phds in very complex subject areas. They are as a group highly intelligent, motivated, endowed with the ability to research, understand, and apply knowledge at a level beyond the average person.
Which brings me to my burning question of the day,
Should these People represent themselves? In other words should they proceed, „pro se”?
I will start out by stating a clear and unequivocal NO! and then give you my twelve reasons.
1. If you are embroiled in something personally it is impossible to remain objective.
Distance gives perspective, balance, and a non emotional (clarity) ability to judge and assess. This non-attachment is empowering. I was in Court recently when the Judge offered to trade my client three years of probation for one weekend in the county jail. Initially my client said „no way I’m going to jail.” I requested a recess to discuss this option in private. The total time the Judge wanted was from Friday at 6pm till Monday at 6am. My client had concerned about her personal safety. I was able to allay her worst fears and explain why this offer by the Judge was in my estimation a „great deal.” The local county jail is more tater tots and Monopoly than the hard core prisons one imagines.
2. Most even very intelligent people do not understand the legal system.
Basic and relatively simple issues like the Burdens of proof between license issues, which are administrative (substantial evidence standard) versus criminal cases (beyond a reasonable doubt standard) are vastly different. There exist State specific rules of the Court, rules of criminal procedure, and case law decisions that may have a bearing on your situation.
3. Many Attorneys in 2010 have to specialize and focus in particular areas of law.
The attorney that understands and spends years practicing primarily divorce law will in all probability not know how to handle even a speeding ticket let alone DWI charges. Attorneys not practicing in this area usually have no experience with DMV license revocation hearings, criminal suppression hearings, Omnibus motions, and DWI trials.
4. Different areas of the country, state, county, city have local rules and customs.
How a Judge, Court, or Prosecutor proceeds with a DWI case in one part of the state or county may differ greatly by how they handle it in another part of the state. For DWIs in Manhattan the city police use uses a different breath machine. The Intoxilyzer 8000 is a different machine than the Datamaster DMT (used in cities, villages, and towns) and the Draeger Alcotest (used by NY State Police) in Upstate New York. I have witnessed „big” city (New York or Albany) attorneys coming to small town Courts in the Finger lakes with lay judges (non-attorneys) and being surprised by the local customs and rules.
5. There are usually collateral issues (ie. License issues) that need to be addressed.
Dealing with the DMV and ALJs (Administrative Law Judges) at DMV hearings is another potential aspect of DWI cases that are often overlooked by lay people. The New York DMV wields tremendous power. They will ultimately decide when and if you have license to drive in New York State.
6. There are often pragmatic issues that need to be thought through.
How is your case going to affect an out of state license? What are the potential penalties and future ramifications to your specific job or profession? If you have a New Jersey driver’s license there will be fines of over $3,000 and a 7 month suspension of driving privileges in NJ.
7. To obtain the best outcome (result), Will your case require hearings, motions, and a trial?
Are you certified in Field Sobriety testing? Do you know the correct rules and procedures that need to be followed by the police?
Are you familiar with the forensic science behind Breath testing? Do you know the timelines that need to be adhered to? Have you ever cross examined a police officer? Have you ever presented evidence? Have you ever picked a jury?
8. Would you know what to look for when reviewing the police reports, breath test documents, and other discovery? Have you read many of these? Do you understand police procedures and protocols? Would you be able to pick out problems with the processing of your case?
9. Would you know what was „missing” from police reports and other documents?
You can review what is in the reports and records but what about what should be there but isn’t? What’s not there is as important as what is there. Can you read in between the lines of these reports and records? Do you know the important (evidence) from the unimportant (evidence)?
10. Is it possible for you to look over one case (your own) in a vacuum and have any insight, perspective, and/or place it on the spectrum in comparison to any other DWI cases? Do you have a firm grasp of current DWI case law? Can you pick out the legal issues and research them? Can you spot any potential defenses?
11. Seasoned attorneys even hire attorneys to represent them and their families.
What legal background or training do you possess? Have you had any prior experience representing anyone legally?
12. Do you believe that the Government prosecutor will negotiate with you fairly, in good faith, and the same way as if you were represented by an attorney?
Do you think you are on even ground when talking with the district attorney? Does he know more about your situation than you do?
It is often said that people who represent themselves have a fool for a client, don’t be foolish get the best lawyer you can afford.
By: Lawrence Newman About the Author:
