Don't Worry Bout It!

Oh the problem of these four little words. When I hear them I cringe. I have heard these words all too often in Court. They are usually spoken by some lawyer to their client. As in, "don't worry about ... your legal status (non-citizen), your out of state license privileges, your future ability to find employment, your ability to get a professional license, your ability to travel to Canada, etc. etc.

You have to anticipate Collateral Consequences of anything. Everything (every decision) has far reaching and typically long lasting affects. Much like the game of dominoes, once we set a course of events into action, many fall one against the other, and often we cannot even predict when this chain of action will end.

So that said,

1. You have to talk to more than one lawyer about your problem. Get some different perspectives.

2. It is best to talk to a lawyer who specializes in the specific type of problem you are facing.

3. Just because someone has 20, 30, or 40 years of experience does not make him better.

4. Lawyers that use the phrase, "Don't Worry Bout It" should be avoided like the plague.

5. A DWI conviction can affect multiple life areas including your out of state driver's license, your professional licensure, your employability, your permanent record, your ability to travel freely, and your insurance rates and insurability.

As an example of this, I recently had a college student come to me with a first time DWI charge. He held a driver's license from another state. He was attending college in New York State. Since he was planning on staying here for a number of years (establishing residency) for college he should have switched over his license to New York State.

Now he faced a crossroads. Should he switch his license before his initial appearance? Should he get a New York State license? Some lawyers told him, "Don't worry bout it," I told him if I represented him I would investigate the potential DWI conviction ramifications back in his home state. I am a member of the National College of DUI Defense, and have DWI defense friends (on my list serve) as an invaluable resource of information.

The range of consequences in these situations is immense. From fines of $3,000 (ie. New Jersey) to license revocations of 210 days (ie. New Jersey) without conditional (any) driving privileges. So these decisions (much like choosing a lawyer) should not be made or taken lightly. What happens in Colorado, Mass., PA, and the other 43 states varies. But making educated and informed decisions by knowing what happens and saying "don't worry bout it" are two totally different things.

Defense is an Offensive Game

January in Ithaca, NY can be brutally cold. This season though has been mild so far. It is funny to think that 30s and low 40s can feel downright warm but compared to sub zero days... it is!

A few weeks ago I was waiting for my wife's car to be serviced at a Syracuse dealership. In the reception area I struck up a conversation about Ithaca with another customer, and that lead to the "so what do you do?" question. When I said, "I am a DWI defense lawyer" eyes were raised from magazines, and off the TV set directly to me. One woman then proceeded to tell me about her brain damaged son and the drunk driver that hurt him. I thought, oh boy! here it comes. She asked me how I lived with myself? My practicing criminal defense and especially DWI defense OFFENDED her. She said, "Those" people don't deserve to be defended. She asked me why didn't I practice public interest law? Was I only interested in making money? She then launched into a personal attack without even knowing me. I did not sit complacent, I explained my role, my passion for justice, my belief in the Constitution, and my respect for the process. I did not apologize for what I do. I am proud to defend the accused. I told her I did condone reckless or irresponsible behavior ie. I am not "for" driving drunk. That would be ridiculous.

Often in the world of law, and attorneys it is best to conduct oneself civilly. I think there is a DWI defense exemption to this general rule. I believe that is why it takes a certain personality to do this type of work well. I am at core a street lawyer. I was born and raised in the gutters of Brooklyn, so to speak. There is nothing Ivy league about me. I am not very cultured. My wife is still teaching me proper etiquette. I am a little rough. Her lifetime project is to civilize me. Yet when it comes time for confrontation guess who she calls? I am her knight. I have no issues with

going face to face or head to head over things I believe in. I am small of stature but my passion for fair, and my heart for justice are large. I hate bullies. At times I think life requires confrontation, and although the large majority of the population does not like controversy, it is necessary. Nothing of value is ever won without a fight. That is so important I want to state it again, Nothing of value is ever won without a fight! The sweetness of victory is directly proportional to the price paid to earn it.

SO some lawyers should not be defense lawyers ... If they want to be liked, if they want to be accepted, if they want to be noble, then they should be another type of lawyer. Defense to most people does not usually imply attacking an opponent but evidence must be attacked. It must be questioned! It must be challenged!

Attack an invalid stop!

Attack an invalid arrest!

Attack the police investigation!

Attack the police observations of driving!

Attack the police observations from personal contact!

Attack the field sobriety tests!

Attack breath testing instruments and their results!

Attack the administration of the tests!

Attack the officer's finding of impairment and/or intoxication!

Yes, that is why I believe that DWI defense is an offensive game.

What does Your DWI Lawyer Believe?

I have just turned the magic age of 48. Getting a bit more grey, having a few more excuse me "sirs" thrown my way pauses me to think, to reflect, and to question.

I feel extremely fortunate for my time here, my practice, and my opportunities. I have had 23 years of practicing both as a Chiropractic Physician, and as an Attorney at Law. Along the way I have had the pleasure and pain of helping thousands of people get through some of the worst times in their lives. I am at heart a caretaker. I am good at helping people heal. Whether with a word or a touch, it is my gift and ability.

I love to learn. What I have returned to again and again is that a person's beliefs will truly control and direct their destiny. At it's core, belief systems can be a series of convictions. Things that people are convinced about. They will fight to maintain them, and to honor their truth.

How many things do we believe in that are "true"? Only later to discover are false. They are propaganda, they are the ideas of others that we have bought into.

I caution those that pick counselors, choose leaders, and hire advisors to first find out what those people BELIEVE.

What does your doctor believe? Does he believe in the miracle of life and love? Does he believe that everything he was taught was fatal, actually is? Does he believe that the mind can affect the body? Does he believe that natural cures and remedies could work? Does he believe that everyone fits in the same box and should receive the same medicine? Does he buy into the value of rest, fresh air, and exercise? My father's doctors all smoked, and were overweight. They cautioned me about doing too much exercise. My father died of a third heart attack at the young age of 51. All his "trusted" doctors, his health advisors died early just like he did.

Now think about this for a moment, this is your doctor, and he is going to advise you, he is going to recommend treatment, he may even render a surgical opinion, how important is his belief system to the ultimate outcome of your care? It is everything! How he feels about drugs, food, surgery, and all else will color his advice to you.

Now take that understanding and perspective to the attorney that is going to represent you.

What does your DWI Defense attorney believe? Does he believe that the breath test is a very accurate, reliable, scientific, and valid measure of blood alcohol concentration? Does he believe that field sobriety tests are fair? Does he believe that the police officer's opinion, and his report are the truth?

I have met many attorneys whose belief systems are defeatist. They are sunk before they even begin. Where can you possibly go if you BUY into the prosecutor's machine result? What can you possibly argue with any heart or passion if you believe that your client is guilty as charged?

The reason why the best (I use that term with caution) DWI defense attorneys go to seminars (on the breath machines and field sobriety tests) is not only to gather knowledge BUT more importantly to topple belief systems. To challenge the reliability, accuracy, and validity of "objective" evidence. To change their minds about possible versus probable. To discover and uncover the natural and persistent doubt that goes with a great defense of the government's proof.

In my opinion the best DWI defense lawyers are SKEPTICS. They want to be shown, they are doubters, they are devil's advocates, they are in a word "difficult" and hard to convince.

What your lawyer and your doctor believe is very important to you and your future.

This is what I believe:

1. Machines are not perfect. They make mistakes. Even when they work perfectly they are subject to error. Often the people that use them use them incorrectly. Breath testing is convenient and cheap, it is not scientific, accurate, or reliable in it's current form.

2. All DWI cases must be looked at in detail, and the evidence must be gathered so that the situation can be looked at in the TOTALITY. How I feel about a case or advise a client will turn upon a full, fair, and realistic evaluation of everything.

3. Opinions are just that. A viewpoint, and a perspective, that have a bias, and that are highly subjective.

4. Lawyers need to understand what is important to their clients. My job is to guide, advise, and represent "their" interests being mindful of "their" values.

5. What people want, and what they can have may be world's apart. While lawyers can predict outcomes, we certainly cannot guarantee them. Many things are outside of our control. Judges, juries, and facts beyond change (accidents, prior convictions, chronologies, etc.) can impact final outcomes. When it comes to legal matters, You may want the cheerfulness of an optimist and hate the opinion of the pessimist, but what you really want is the advice of a realist.

Always ask your doctors, and your lawyers what they "believe" before you hire them to help you.