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STREET SMARTS: Honest advice from an experienced defense attorney

"What do I do when a cop pulls me over?"

It’s late.  You’ve have a couple of drinks and are on your way home.  Suddenly there are lights and a siren behind you - you’re being pulled  over by the police.  What’s your best move?

Unfortunately, you are now a criminal suspect, and your best response is to act like one.  Do not confess anything, and resist the temptation to be honest and to admit that you’ve “only had a couple.” This will usually get you nothing more than a quick trip to a pair of handcuffs and an arraignment cell. Instead, keep your mouth shut, and try to keep damage to a minimum.  Be cooperative and comply with the police officer’s directives, but let him know that you do not want to make any statement without having a lawyer present.  This is not being obstinate - it is smart.  It is also, by the way, what police officers themselves do when they get into trouble.  Yes, you may well get arrested or ticketed, but at least you didn’t compound the matter by adding a verbal confession to the officer’s visual observations.

Keeping quiet and asking for a lawyer is the best way to cut your losses and mitigate what  is probably going to be a painful and costly experience.

"Do I really need a lawyer in traffic court?"

 Q:  Do I Need a Lawyer in Traffic Court?      
A:  Probably not.
The lawyer speaks:  Most traffic matters are extremely routine, and do not result in a trial.  They are “settled” by a conference with the police officer - where, for example, a speeding violation may be reduced to a “no point” infraction.  A guilty plea to a “no point” infraction generally results in a fine of, say, $100.00 plus the New York State “surcharge” of $55.00;  $155.00 in all, with thirty days to pay.

For these routine matters, representation by a lawyer may have two benefits.  First, the defendant need not appear in court at all, but may designate the lawyer to settle the case.  Second, a lawyer generally can get the better result on borderline cases.  In other words, the lawyer knows what disposition to request.  There is no way a motorist would know this.  Also, if a party appears without a lawyer and the courtroom is crowded, there is no guarantee that you won’t be there for an hour or two, as lawyers are generally heard first.

The downside of legal representation is - of course - the lawyer’s fee.  Generally, fees range from a low of $175 to $250 or more per appearance (the higher fees reflect lawyers’ self-interest rather than enhanced competence, in most cases).

Finally, not that infrequently, the police officer who issued the ticket may not appear in court to be heard.  It is your right to confront the police officer and, if he isn’t there, to ask for a “dismissal” of the charge.  Obviously, the defendant to be present (or represented by counsel), and there is no way of knowing in advance if the police officer will appear.  Further, the court has no obligation to dismiss the case, and may merely schedule the matter to be heard at a later date.

For more serious matters (a charge of driving while intoxicated, for example) you should seek legal counsel.  Having said this, however, you should get more than one opinion.  Some DWI charges are not winnable from the get-go, but the lawyer may charge you between $2,500 and $5,000 for a legal representation when, in truth, very little room for maneuvering exists.  If the case is winnable, and you do win (unlikely) such a fee may be money well spent.  Otherwise, if the lawyer suggests taking a plea, only the “per appearance” fee is appropriate.