Should I represent myself in my DUI case?

chela0818

A Lawyer that represents himself...in this case herself...has a fool for a client. Honey go get a DUI specialist to represent you. Also, what makes you think that you could clear this up yourself. It's even difficult for an attorney and that's their job. Don't be stupid..hire an attorney because you really don't want a DUI on your record seriously and you wouldn't even know where to begin. The court is not going to listen to your story they want proof. Yes you can retest your blood at an independent lab but first you need to get the sample from the crime lab that tested your blood. Need the DA's permission to do that or a subpoena. Then if your blood does come back with a problem you'll need to find have an expert testfy for you and if your blood is fine then where do you look next? You wouldn't know...there is alot that goes into defending a DUI case YOU CANNOT do it yourself.

Perdendosi

(1) Are you planning on pleading not guilty? If so, you MUST get an attorney. Must, MUST, MUST! Because only an experienced attorney will be able to work the ins and outs of a trial; find the exculpatory evidence; attack the physical evidence they do have, and give you a fighting chance.
(2) Are you planning on pleading guilty? If so, you SHOULD get an attorney. Repeat-player attorneys are great at working out deals with the prosecutor -- perhaps even the charges can be dropped (or you can receive a suspended sentence) if you go to some sort of treatment program or into drug diversion.
(3) Are you facing "actual imprisonment"? Then the court HAS to provide you with counsel. If it doesn't, then you can't be sentenced to prison time. That may give you some idea of the type of punishment that the court is contemplating and will help you balance your family's finances with your desire to attack your charge, clear your name and/or get the lowest amount of punishment possible.

(This is probably not your jurisdiction, but it's a general statement on the law of right to counsel) http://caselaw.lp.findlaw.com/scripts/getcase.pl?court=ne&vol=sc/s97-641&invol=1

Another option is to just go into an attorney for a consultation. Some attorneys will give you a few minutes for free, but even if they don't, $100 might be a small price to pay to have someone walk through the process with you, explain your options, and help you determine whether you need counsel.

rbanzai

You MUST get a lawyer. Even lawyers do not defend themselves in court cases. If a public defender is available, get one.

This is far too serious to wing it. Like an earlier poster said a plea bargain might be possible where you can please guilty to a lesser offense but you do not want to do this yourself.

It's not like television. Get a lawyer.

John S

Just to add to the chorus, do NOT represent yourself in this case. Most especially, do NOT talk to the prosecutor yourself, thinking that the prosecutor will be nice to you. That is not his job.

If you have consulted attorneys and cannot afford counsel, then ask that the court appoint counsel. You are legally entitled to be represented by counsel at court expense if you are indigent, though you may have to pay part of the cost, if you can afford it.

By the way, Public Defenders probably handle in a week more DUIs than most street lawyers handle in a year (outside of some specialists). Do not be worried about being represented by an attorney employed as a deputy public defender.

Yak Rider

Your husband is totally wrong. You need an attorney. At your next court date tell the judge you've been unable to find an attorney willing to work out a fee you can afford and request that the court appoint an attorney for you.

laughter_every_day

The judge was not urging you to get a lawyer because the result was so low (it isn't all that low, by the way) but because the Supreme Court requires judges to have this discussion with a defendant who is considering self-representation. It is such a stupid decision in almost every case, that the Supreme Court requires judges to essentially try to talk you out of it by explaining some of the hazards of self-representation and the advantages of having counsel.

Phil R

Its often been said that the lawyer who represents himself/herself has a fool for a client. That is somewhat of a cliche, but its also quite true.

The reason that the Supreme Court, in Gideon v. Wainright 372 US 335 (1965) made it imperative that the State provide a lawyer at no cost to anyone who is unable to afford one (and who is facing a jail sentence) is that the law is extremely complex, and even an attorney will not normally defend themselves.

"The right to be heard would be, in many cases, of little avail if it did not comprehend the right to be [372 U.S. 335, 345] heard by counsel. Even the intelligent and educated layman has small and sometimes no skill in the science of law. If charged with crime, he is incapable, generally, of determining for himself whether the indictment is good or bad. He is unfamiliar with the rules of evidence. Left without the aid of counsel he may be put on trial without a proper charge, and convicted upon incompetent evidence, or evidence irrelevant to the issue or otherwise inadmissible. He lacks both the skill and knowledge adequately to prepare his defense, even though he have a perfect one. He requires the guiding hand of counsel at every step in the proceedings against him. Without it, though he be not guilty, he faces the danger of conviction because he does not know how to establish his innocence" Powell v. Alabama, 287 US at 69 (1932). These words were written into our modern law by Justice Black in Gideon v. Wainright.

My point above is that if an attorney does not represent himself in court, what makes you think that you should so so?

Since jail is a distinct possibility, even for a first offense of DUI, you may have the right to counsel at public expense. Talk to the judge about that. Otherwise, I urge you to obtain an attorney and have the attorney review the matter with you. Only an attorney who is licensed and practices DUI law in California can properly advise further.

For a referral, contact your local or state bar association.

Goofy

Well just remember the old saying: "He who represents himself has a fool for a client" I think that says enough right there.

Artman

No, don't do it; you have no experience the prosecutor does. When people can't hire a lawyer they can get one paid by the state.

But if you still insist then you can try asking if the Breathalyzer was calibrated by the time of your test if not then you are free (well you still have to beat the blood test). Or you can deal with the prosecutor to "lower" you alcohol level in exchange for a lesser punishment (they do it all the time). They got blood and breath test so even if it's low it can be strong evidence.

About your blood forget about it there is time limit to test blood, if it was not properly preserved then it's a waste of time. Besides to try to go against the lab is very hard.

Think about it, what's your strategy? To tell everybody is lying but you? Hire a lawyer or plead guilty and ask for a lesser sentence (for a first timer probably a fine, probation or both).

The court is not as easy as some people think (you need to be cold blooded, good at thinking fast and to know the law and court procedures from A to Z). Trust me you go there by yourself it's a bad idea.

magic_ice_man1

I suggest getting a lawyer, even a court appointed one is better than nothing. If this is your first DUI you may qualify for a diversion. I don't know about California, but where i live to get a diversion you must attend a drug and alcohol awareness training, pay a fine, lose your license for 30 days, have a restricted license (work only) for 11 months and you have to not get another DUI for five years. If you complete all that, the DUI is removed from your criminal record. If you DO get another DUI you are prosecuted for both of them.

D J

Remember the old adage...."The defendant that represents himself has a fool for a lawyer." (or something to that effect)
Try to get a court appointed lawyer. Especially if you don't think you'll be coherent enough to handle questions and answers. While a little emotion...shame, regret... problably wouldn't hurt, the judge might get impatient with too much emotional show.
What would be the point of another blood test?

DeAnna

I always thought that if you couldn't afford lawyers that the court would appoint one to you? When my brother was arrested for a suspended license, he was given a court appointed attorney, so I guess it varies state to state? (Maybe that is because of what his license was suspended for? which I have NO clue at this point...)

At any rate, if you can't afford one, how many options do you have? It's HIGHLY advisable that you attain a lawyer, but again if you don't have the means, you may have to represent yourself.

Good luck and no more Drinking and Driving.

Lori B

If you can't afford an attorney tell the court you need one appointed to you. They know all the nuances and can get a plea for you. California is pretty tough on DUIs no matter what you blew it is still over the legal limit.

paint god

The law is written by lawyers (politicians), argued by lawyers, and decided by lawyers (judges)...why do u think u can know more about it than those who have education. Judges also consistently hand out heavier fines and penalties to "self-represented people." However, the answer to your question about the blood is Yes!

Master Yoda

He/She who represents themselves as an attorney has a fool for a client.

You never, never represent yourself. First, you aren't a lawyer and probably aren't knowledgeable about criminal law, or court proceedings and protocol. Secondly, you are to emotionally involved in the case and are less likely to look at the facts objectively enough to be effective.

If you represent yourself, your chances of losing increase expotentially. You should have been able to have a court appointed attorney. I used one for a case and she rocked.
Don't listen to your husband on this.

Opinionated

Well, if your level was low how could you be charged with the DUI in the first place. I wouldn't represent myself if I were you due to knowing the rules and laws that would keep you from getting in trouble or probation and low service. If you do represent yourself, go to the library and look up some information on DUI and the level for which your blood sugar was and the most they can put against you, along with community service and money owed.

smurfee68

I would ask myself first .. . . " What would OJ do?"

sea link

Yes, but make sure you have "one for the road" before court appereance

orzoff

I would show up to your court date and ask the state prosecuter who is handling your case if you can have a word with him/her and ask what he/she can do for you if you were to plead guilty. If what he/she offers seems ok then go for it. If it seems too harsh of a sentence then ask the judge for a continuance so that you can retain an attorney.

Ben R

You deserve to be jailed for life for making such a poor decision to drive under the influence. There are 43,000 deaths a year from auto accidents 80% of which there is someone under the influence of alcohol involved. That means that you are as bad as a terrorist in Iraq. May god if you believe in one, have mercy upon your soul. But on the other hand you could hire a sneaky lawyer who will find a loophole or argue your sentance down to community service. I mean after all buzzed driving is drunk driving.

right_here_waiting05

It's mainly all paperwork, at least in Missouri. Ask for the police report and go over it with a fine-toothed comb....If there are any mistakes on the police officers report, you may be able to get rid of any suspension you have. The DUI, though is another matter. Here's the deal. Let's say you do screw up: they WILL find you guilty and it's pretty much that way forever (double jeopardy). If you get a lawyer who has done this before...you will get a lesser charge. Try going through a Traffic Law Office. They deal with them daily, and if nothing else can tell you what to expect, even if you don't hire them.---all of this is coming from Missouri though. :(

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