Michael Kramer, Attorney at law

1311 Mamaroneck Ave
Suite 340
White Plains, NY 10605
mk@michaelkramerlaw.com

Call for a Free, 20-min,
Traffic Ticket Strategy Session

(914) 709-7161

Michael Kramer, Attorney at law

Interviewer: What’s the difference between hiring a private lawyer, a public defender and trying to defend oneself at trial?

An Indigent State Is the Sole Qualification for Being Appointed a Public Defender

Michael: Well, you don’t hire a public defender in Westchester County. You qualify if you’re indigent for an attorney assigned by the court. The Legal Aid Society only handles felony cases. So if you’re charged with a felony DWI and you can’t afford to hire private counsel, then Legal Aid would represent you. But for the most part, when you’re charged with a misdemeanor, which is most people, a first offense, a second offense, you get a private attorney who is paid by the County.

You Cannot Choose Your Public Defender as You Would a Private Attorney

The problem with that is you don’t have a choice. You’re not hiring someone who’s an expert in DWI defense, you’re getting a lawyer who works with the court system, as I said, that may or may not be well-versed in DWI law. The attorney may be right out of law school and just starting to learn DWI law. As he or she practices, you might be their first or second case. So, many cases I ultimately defend are cases where the individuals for one reason or another tell the court they don’t have funds to hire their own attorney, they get court assigned lawyer, and they’re not happy with the lack of expertise that the court lawyer is demonstrating or the way that that lawyer is proceeding. So then they come to me through recommendations and I take over the case.

Interviewer: So besides the fact that the court appointed attorney may be a generalist and may be less experienced, do they also have tremendous caseloads? Are there any other issues?

Are Court Assigned Attorneys Compensated Based on the Amount of Cases They Have?

Michael: Court assigned attorneys who make most of their funds from taking court assigned cases would like their caseloads to be as heavy as possible because that’s how you make money. It just turns out that lately because of funds or other reasons there are less cases around and more court assigned lawyers out there. The people who do court assigned work by and large do criminal law, and DWI is a sub-specialty under criminal law.

Do You Need an Attorney Who Has DWI Defense Expertise?

It’s just that their assignments come from all different areas of criminal law, whereas a private attorney may have a DWI background that you’ll want to seek out. This is a background that these court assigned lawyers could not obtain just getting court assigned cases. There’s definitely an advantage to someone who has a DWI expertise and has handled thousands of cases. This applies especially if they are very experienced in the jurisdiction where your action is pending.

Can the Court Appointed Attorney Represent You before the DMV Hearing?

Interviewer: Well, one thing that comes to mind is for the criminal side of the case, I can see you getting a court appointed lawyer, but how about the DMV portion? Is the court appointed lawyer excluded because it’s not a criminal matter, it’s an administrative or civil matter?

Michael: Well, the DMV portion basically revolves around the refusal and the refusal hearing, and that is covered by the court assigned lawyer. He or she does get compensated for attending that hearing as being an integral part of the case.

They’re not going to send you into that hearing without an attorney, so you have a court assigned attorney to do that. But the other aspects of the DMV, concern by and large, post-conviction relief, such as actions taken to gain licensing back after the case is over. For that matter then you’d have to retain your own counsel. There’s no court assigned lawyer appointed to represent you for that appearance.

The Judges Will Not Permit a Defendant to Represent Oneself at Trial

Interviewer: What do you think about self-representation? Is that completely foolish?

Michael: Well, it’s not only foolish, but it’s basically unheard of in Westchester County. The judges just won’t let it happen. The DWI law is too complicated. Now if you’re an attorney, and you’re facing your own DWI case, a judge may let you proceed. But it’s certainly not advisable and most people know that.

How Do the Westchester County Prosecutors View DWI Cases?

It is extremely important for clients to realize that the policies differ in every county with regard to how DWI cases are treated by the prosecutor’s office. So I’m always asked the age old question, should I take the test if I’m stopped? Should I comply to have my blood alcohol measured? And the answer is, well, it depends upon what county you’re in because in one county if you blow a reasonable number, you’ll be able to negotiate for a lesser charge and save yourself a criminal record, in other counties you may not.

Is This Your First DWI Offense? The Best Policy in Westchester County May Be to Refuse to Submit to a Breath Test

But how is a motorist to know what the policy of each county is? So by and large, I tell them the way the DWI laws are written and especially in Westchester County, unless you’re absolutely 100% sure you’re going to pass the test or blow an extremely low number, the best policy in Westchester is to refuse if it’s a first offense.

Interviewer: In terms of refusing, are people given a roadside preliminary breath test? Or are you just talking about the breathalyzer machine at the police station?

You Are Not Obligated to Undergo the Field Sobriety Tests in Westchester County: It Is Better to Decline to Participate if You Are Refusing the Breathalyzer Test at the Police Station

Michael: There are field sobriety tests which take place on the roadside, and that includes the small handheld device, an alcohol sensor device, which you’d be offered on the side of the road. You’re not obligated to take any of those tests, although failing to take any of the field sobriety tests, refusing those, might be a traffic infraction. If you already know that you’re not going to take the breathalyzer test, then what’s the advantage of participating in the field sobriety tests as well?

Because your case will rest or fall on the quality of the field sobriety tests if you refuse the breath test. So, if you’re going to refuse, you might as well refuse everything. The result of the small portable breath test device is not admissible in court.

Michael Kramer, Esq.

Call for a Free, 20-min,
Traffic Ticket Strategy Session
(914) 709-7161