Can my daughter defend herself during her first DWI trial? 6 Answers as of April 08, 2011

Can my daughter defend herself during her first DWI trial?What can we expect if she got a 0.08? She was cooperative with the officer, and there was no property damage done anywhere.

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Palumbo and Kosofsky
Palumbo and Kosofsky | Michael Palumbo
If you are asking is she permitted to represent herself pro se the answer is yes. If you are asking should she represent herself the answer is absolutely not. That she was cooperative and there was no accident is totally irrelevant. DWI trials turn on issues of law, issues of science regarding the breathalyzer machine, issues of police officer competency and certification in utilizing the machine, medical issues of body metabolism. The person representing the accused must be well versed in 4th, 5th& 6th amendment rights, the exclusionary rule, the vehicle and traffic law, and NYS rules and regulations regarding the use, maintenance and repair of the breathalyzer. She need an attorney well versed in NY traffic law and DWI, and we do just that. We can be reached toll free at the below number.
Answer Applies to: New York
Replied: 5/9/2011
Law Offices of John Carney
Law Offices of John Carney | John Carney
You should never go to court on any charge without an experienced criminal attorney. A DWI is a serious charge that could result in a criminal conviction and prevent her from getting a job or increase her insurance to $5,000 a year or more. I am surprised at how many people want to represent themselves. They save a thousand dollars and end up losing a million dollars later when they have a conviction that prevents them from getting the job or career they want.
Answer Applies to: New York
Replied: 4/8/2011
Edward  D. Dowling IV Attorney at Law
Edward D. Dowling IV Attorney at Law | Edward D. Dowling IV
She should hire an attorney to get a favorable disposition. She should not try to represent herself.
Answer Applies to: New York
Replied: 4/5/2011
Theodore W. Robinson, P.C.
Theodore W. Robinson, P.C. | Theodore W. Robinson
Bad idea! If she only has a .08 then she has a chance of getting a lesser charge at trial or even during a plea bargain session. However, acting as her own attorney is a very bad idea as a general rule. That's where the old adage "He who represents himself has a fool for a client" came from. Perhaps she'll do better because she's a female, but I doubt it. I strongly suggest she hire an experienced attorney to represent her. Good luck.
Answer Applies to: New York
Replied: 4/5/2011
Law Offices of Carl Spector
Law Offices of Carl Spector | Carl Spector
There is an old saying that still applies today: He who is his own lawyer has a fool for a client. Technically your daughter can represent herself but it is a terrible idea. There are to many, "what ifs" to describe what she is to expect to happen. Interview a few attorneys and chose one that your daughter is comfortable with.
Answer Applies to: New York
Replied: 4/7/2011
    Rothstein Law PLLC
    Rothstein Law PLLC | Eric Rothstein
    She needs a lawyer as the charge is a misdemeanor. What may happen depends on the facts of the case and what County the case is in as different DA's have different policies about dwi cases. I am a former federal and state prosecutor and now handle criminal defense including DWI so feel free to check out my web site and contact me if you wish to retain counsel.
    Answer Applies to: New York
    Replied: 4/5/2011
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