Lisa Pelosi: Some of the misconceptions is it’s nothing to be worried about that it’s not a crime or it’s not something that penalties are severe and the way that the crime has evolved over the last 30 years, it’s now a very serious offense to be charged with drunk driving.
Although the court will consider people who have problems and look to help them with different programs, you’re still are dealing with being charged with a crime. If it happens twice, you’re also looking, in most states, at being charged as a felon. It is a very serious case, a charge and I think many people do not realize how serious it is.
Is Pleading Guilty and Throwing Yourself at The Mercy of the Court a Viable Option?
Interviewer: An individual that believes himself to be guilty;should that person throw themselves at the mercy of the court or should they defend their charges?
Lisa Pelosi: It depends. A good attorney handling a drunk driving test knows what is behind the arrest, meaning there’s certain tests that are administered by the police department, a breathalyzer exam and different testing that’s done to determine whether or not you actually are drunk. A good attorney who understands how this works would not plead someone guilty until they looked at all the reports and did all the investigative work to determine if in fact the number that being read to you as what you blew during the breathalyzer examination if that number is accurate.
It’s really important to hire someone who has the background and understands the scientific basis as to why you’re being charged. Even if someone was drinking and driving, if the testing is not properly administrated, then you would not want your client to plead guilty because it’s the government is playing by the rules and doing the proper scientific testing, you would advise your client not to plead guilty.
Benefits of Hiring a Private Attorney as Opposed to Retaining a Public Defender
Interviewer: What would be the advantage of hiring a private attorney over a public defender?
Lisa Pelosi: There’s a social work aspect that comes along with a drunk driving arrest in that you want someone who is going to deal with the bigger issue of helping you get a program, helping with getting your license back and walking you through a system in a way where someone who’s maybe with a public defender who’s handling hundreds of cases at once may not have the time to walk you through the system.
Whereas someone who cares about your case and who is willing to give you individual attention and get to the reason as to why in a certain instant you did get behind the wheel and to go to the prosecutor and advocate for you. You probably have a better chance using a private attorney because they would be able to give you more attention.
Common Scenario Resulting in a DWI Arrest in New York
Interviewer: What’s the standard scenario? What happens during a typical DUI arrest?
Lisa Pelosi: Either it can be a road stop where they are testing every car, every third car that stops and they’re just randomly checking for drunk drivers which as I said often happens during holiday season. Or it could be police officers observe or think they observe the car driving in a peculiar way and they’ll stop the car and they’ll ask the person to get out and if they smell alcohol or if your eyes appear to be bloodshot, then they may administer the test.
They will also give you the choice rather or not you want to take the breathalyzer test or not. It’s always my advice too. Generally, my advice is to take the breathalyzer test. If you don’t take it, if you refuse it, it’s been harder to defend someone who’s refused a breathalyzer test in my opinion. Although some other attorneys might think differently.
It Is Advisable to Consent to Field Sobriety Testing in New York
Interviewer: When it comes to standardized field sobriety test, are people obligated to take those?
Lisa Pelosi: No. You’re given the choice to take it and I would advise that you do take it.
Expungement Is Not an Option in the State of New York
Interviewer: Would someone be able to get their case expunged after a DWI charge?
Lisa Pelosi: The expungement varies from state to state. In New York State, we don’t have expungement. In New York, you would not be able to have your record expunged, but if you ended up with an impaired, then that’s a violation and not a crime.
